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Heartland Payment Systems (heartlandpaymentsystems.com) is a very large merchant account provider headquartered in Edmond, Oklahoma.The company was founded in 1997 and, according to several reports, ranks as the fifth-largest processor in the United States and processes over billion in credit card transactions annually.The plaintiffs in the case alleged that Heartland initially told merchants in June 2014 that it would charge them the same rates for American Express that it charges for Visa and Master Card. The company’s headquarters are located at 3932 S Blvd, Edmond, Oklahoma 73013.They further alleged that Heartland proceeded to bill them in October 2014 for an “American Express Fee Adjustment” that contradicted the company’s earlier statement as well as the terms of its contract. The chairman and CEO of Heartland is Tony Capucille.Heartland was acquired for .3 billion by Global Payments in December 2015.It is unclear whether the merged companies intend to absorb the Heartland brand into Global Payments Inc.Aside from complaints about agents, there are a handful of reports (and at least one lawsuit) from merchants indicating that their fees were suddenly raised without notification. In this particular case, the merchant “told [the sales agent] I would try his company but I would not sign a 3 year contract.[The agent] said no problem.” Later, however, “they told me I signed a 3 year non cancellable contract and I would be charged 5.

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One former agent claimed that Heartland was planning to raise its rates in February 2018, and a company representative later confirmed this.

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It appears that Heartland’s standard practice is to provide merchants with two documents at the point of signing.

One is a short summary of the pricing and contract length, commonly referred to as a “merchant agreement.” According to merchant complaints, this agreement does not clearly mention the early termination fee (ETF), although company representatives state that this fee is disclosed directly above the signature line.

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