[BigIz]

This is an unregulated industry so I don't know what State statutes you're referring to. As far as I know, you simply have to draft a letter authorizing the fee and have the merchant sign it. This is the proof you will present to your ACH processing company if the merchant tries to dispute the charge. There's no need to hire a lawyer for this.

Hello MCNetwork, should have been clear. I was only thinking of adding a broker fee when I get the merchant into a term loan (if the lender allows it) because they want a larger amount for longer terms. The term lenders are actual lenders that are licensed on a State by State basis. Me charging a "referral" or "broker" fee may violate State statutes.

From the ISO agreements I have gotten from the term lenders, they only pay around 1.5% to 3%. I had already decided that I would not get a merchant into a term loan if they wanted anything under $100,0000 and the lender did not allow me to charge an additional broker fee. I cannot be profitable or break even if I make $750 on a $50,000 deal.