Vera v. US Bankcard Services CA2/4
David Vera signed an agreement with US Bankcard Services, Inc. for services relating to processing credit card transactions for Vera’s small businesses. US Bankcard itself did not provide credit card processing services; instead, another company, Elavon, Inc. provided those services. US Bankcard recruited merchants such as Vera who wanted credit card processing services, and sold Elavon’s services to those merchants.
In the context of the parties’ transaction, Vera signed a “Merchant Application,” which included a reference to Elavon’s “Terms of Service” located on the Elavon website. Vera was never provided a copy of the Terms of Service. In that document, there was an arbitration provision stating that all controversies were to be submitted to arbitration in Georgia and would be subject to Georgia law.
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