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  1. #1
    Karen37a
    Guest
    Quote Originally Posted by jenk12 View Post
    A strong clawback provision in the ISO agreement should curb some of the bad behavior.


    Quote Originally Posted by jenk12 View Post
    Attorney here. If the payments were done in the normal course of business, a regular commission payment would not be clawed back. Also, claw backs would only apply to payments made within 90 days of the bankruptcy. If I were an ISO, I wouldn't worry about it, but keep your invoices just in case to show this was an ordinary, arm's length transaction.

    Ps Jenk if you are a lawyer your first reaction should be to be concerned about the fake lawyer trotting around and not clawback on isos

  2. #2
    Quote Originally Posted by Karen37a View Post
    Ps Jenk if you are a lawyer your first reaction should be to be concerned about the fake lawyer trotting around and not clawback on isos
    Aside from the obvious tortious interference, these companies are committing fraud against their clients, violating the RICO Act, wire fraud, etc. etc. Unauthorized practice of law by some guy who probably used a fake name and a google voice number is the least of my (and the industry's) worries.

    Debt relief companies are an unfortunate reality of our industry. Best we can do is educate the merchants, limit the damage they can do, and sue the bad ones out of existence when we catch their hands in the cookie jar.
    Last edited by jenk12; 11-01-2018 at 12:58 PM.

  3. #3
    Karen37a
    Guest
    Quote Originally Posted by jenk12 View Post
    Aside from the obvious tortious interference, these companies are committing fraud against their clients, violating the RICO Act, wire fraud, etc. etc. Unauthorized practice of law by some guy who probably used a fake name and a google voice number is the least of my (and the industry's) worries.

    Debt relief companies are an unfortunate reality of our industry. Best we can do is educate the merchants, limit the damage they can do, and sue the bad ones out of existence when we catch their hands in the cookie jar.
    Please do not debate me on tortious interference

    technically someone could assert anyone who ever stacked before was in tortious interference on someone else soo

    unclean hands ...tossed out

    And there are legal debt relief people they are called Lawyers and Bankruptcy...

    You regulate...i know an open hole "legal loophole" into hell that someone will never get out of

    Ill never print it

    the salepersons code of silience
    Last edited by Karen37a; 11-01-2018 at 01:08 PM.

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