On the same note. What if a funder sued the merchant for stacking. The merchant's attorney then argued the language in the contract wasn’t legal. Maybe the judge sides with the funder on the stacking but finds the funder liable for charging a processing fee of $295 to all of their past clients. He/she then orders the funder to refund that $295 to all past clients.

I saw this type of stuff happen years ago in the mortgage industry. Lenders and title companies got greedy to make more money. A title company made up a processing fee of $495 on each file. Just a junk fee. A class action lawyer picked up on it and sued the title company. The title company had to refund all their past clients.

Crazy things can happen when lawyers and the courts start getting involved breaking down contracts.