Tyro Payments Class Action Investigation

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Tyro Payments Potential Class Action Investigation

Bannister Law Class Actions is investigating potential claims on behalf of business owners against Tyro Payments Limited (Tyro). The claim is a potential class action in the Federal Court of Australia against Tyro.

Tyro is the largest provider of EFTPOS service other than the banks to over 32,000 Australian Businesses. Many businesses have been unable to accept EFTPOS payments in their business with the use of its Tyro EFTPOS terminal in January 2021. Some businesses have been left with the woefully inadequate situation of accepting cash payments only, losing essential revenue. In this difficult time, they require every cent to survive and pay their overheads.

The potential class action claims compensation from Tyro to compensate losses for the Australian businesses, including but not limited to loss of revenue, loss of business goodwill, loss of service fees and terminal rental fees paid to Tyro, and loss and damage suffered by affected business for taking steps to reduce losses and obtain replacement services.

1. The claim

The potential class action is against Tyro Payments Ltd (Tyro) on behalf of the Australian Businesses who use EFTPOS services provided by Tyro and suffered losses due to Tyro’s connectivity issues from January 2021 onwards (Group members).

The potential class action alleges that:

  • Tyro is in breach of statutory warranties that the services will be rendered with due care and skill. (s 12ED of ASIC Act)
  • The payment services provided by Tyro are not of acceptable quality and reasonably fit for any disclosed purpose. (s 54, s 55 of Australian Consumer Law)
  • The payment services provided by Tyro do not achieve the results that reasonably expected by the consumer. (s 60 of Australian Consumer Law)
  • Tyro mislead the Australian businesses by claiming that its service is reliable and 99.9% uptime. (s12DA and s12DB of ASIC Act)
  • Tyro is in breach of its contractual provisions.
 

It is in the nature of Tyro’s business that the businesses who use Tyro’s services would reasonably have expected that:

  • Tyro EFTPOS terminals are highly reliable.
  • Tyro would take reasonable steps to ensure that their services would not be interrupted.
  • Tyro would recover from its technical failure in a reasonable time to continue to provide its service for EFPOS transactions.
 

2. Who is eligible?

Your business(es) may be a group member(s) and able to claim monetary compensation from Tyro in the event that the potential class action is successful if your business(es):

  • Contracted with Tyro for EFTPOS payment services before 5 January 2021;
  • Experienced Tyro EFTPOS connectivity issues from January 2021 onwards;
  • Suffered losses due to Tyro EFTPOS connectivity issues.
 

3. How much does it cost?

You will not have any out of pocket cost to be a part of the potential Tyro class action.

The potential Tyro class action is funded by a major Australian litigation funder, Court House Capital. Group members are not, and will not be, responsible for any “out of pocket” costs.

Frequently Asked Questions

A class action is a court proceeding in which seven or more than seven people (the class/the group) are suing one person or company for similar reasons (in legal language, it is called common issues of law or facts). One or more of the individuals in the group can start the case on behalf of the class.

 

The class action process is intended to save time and expense and avoids the need for the court to determine common issues of fact or law more than once for each of the group members. It enables disputes and claims involving large numbers of people to be resolved via a single case.

The potential class action is against Tyro Payments Ltd (Tyro) on behalf of the Australian Businesses who use EFTPOS services provided by Tyro and suffered losses due to Tyro’s connectivity issues from January 2021 onwards (Group members).

 

The potential class action will allege that:

  • Tyro is in breach of statutory warranties that the services will be rendered with due care and skill (s 12ED of ASIC Act).
  • The payment services provided by Tyro are not of acceptable quality and reasonably fit for any disclosed purpose. (s54, s55 of Australian Consumer Law).
  • The payment services provided by Tyro do not achieve the results reasonably expected by the consumer. (s60 of Australian Consumer Law).
  • Tyro mislead the Australian businesses by claiming that its service is reliable and has 99.9% uptime. (s12DA and s12DB of ASIC Act).
  • Tyro is in breach of its contractual provisions.

 

It is in the nature of Tyro’s business that the business(es) who use Tyro’s services would have a reasonable expectation that:

  • Tyro EFTPOS terminals are highly reliable.
  • Tyro would take reasonable steps to ensure that their services would not be interrupted.
  • Tyro would fix the technical failure within a reasonable time to continue to provide its service for EFTPOS transactions.

Bannister Law is one of Australia’s leading class action law firms and running some of Australia’s largest Consumer class actions.

 

Bannister Law Class Actions is investigating potential claims on behalf of business owners against Tyro. The claim is a potential class action in the Federal Court of Australia against Tyro.

Court House Capital is a major Australian litigation funder.

The Australian Business(es) who use EFTPOS services provided by Tyro and suffered losses due to Tyro’s connectivity issues from January 2021 onwards are affected.

 

Your business(es) may be a group member(s) and able to claim monetary compensation from Tyro in the event that the potential class action is successful if your business(es):

  • Contracted with Tyro for EFTPOS payment services before 5 January 2021;
  • Experienced Tyro EFTPOS connectivity issues from January 2021 onwards;
  • Suffered losses due to Tyro EFTPOS connectivity issues.

If you have already registered with Tyro or are about to receive compensation, this does not preclude you from participating as a group member in the class action unless you have signed a document to release your rights. If you meet the group member criteria, then you are automatically part of the class action and will be bound by the outcome unless you take steps to “opt out”.

 

Receipt of a refund from Tyro may however affect the amount, if any, that you may be entitled to if the class action is successful. Any refund which you may accept from Tyro may be accompanied by formal terms and conditions which may affect your rights in the potential class action.

 

You may wish to obtain independent legal advice from your family solicitor or a solicitor you choose on how a refund may affect your rights to compensation in the class action.

 

Ultimately  the decision to accept a refund is a decision for you.

Even if you have switched to a different EFTPOS service provider, you are still able to be  part of the class action, if you meet the group member criteria.

You will not have any out of pocket cost to be a part of the potential Tyro class action.

 

The potential Tyro class action is funded by a major Australian litigation funder, Court House Capital.

 

At present, the costs of the investigation and the preparation of the potential class action are being paid by a litigation funder called Court House Capital . This means that the legal cost for the Tyro potential class action is covered by the Court House Capital, and Court House Capital will recover its costs from Tyro plus a funding commission if the class action against Tyro is successful.

 

If the class action is unsuccessful (that is, if Tyro’s compensation could not cover the funder’s cost), group members will have no responsibility and will not have to pay anything.

 

If the class action is successful (that is, if money compensation is recovered), the Court may be asked to distribute the legal and funding expenses of the litigation among all persons who have benefitted from the class action. The effect of any such order of the Court, if made, would be that all group members who will benefit from the class action (i.e., are due money compensation from it) will pay a share of the legal and funding expenses of the litigation. This means that even those who are group members but did not sign up to a funding agreement might have to contribute to these expenses out of their share of the compensation to be received. A group member’s share of these expenses will be taken out of (and will not exceed) the money compensation to be paid to that group member by Tyro before that compensation is paid out.

You will not be responsible for any out of pocket legal costs in any circumstances, including if Court House Capital withdraws its funding.

 

If Court House Capital withdraws its funding, there is a risk that this case will be discontinued, which means that you would lose your right to get any compensation out of the class action. However, you still have your right to try to get some compensation if you start an individual action against Tyro. Any alternative right to commence legal proceedings against Tyro will be subject to legal requirements such as statute of limitations. If proceedings are discontinued, you may consult an independent solicitor to explain to you any rights you may have against Tyro.

 

The chance for Court House Capital  to discontinue its involvement is low if a sufficient number of group members entering into funding agreements. Depending on the circumstances, Bannister Law may choose to continue with the proceedings on ‘no win no fee’ basis. 

When you sign up, you will need to provide your details and information about your claims to Bannister Law Class Actions. You will receive our matter updates if you sign up, and reminders for key dates of court events.

 

Although you do not have to sign up to remain a group member, at some point you will need to register your interest to get any money out of any settlement or an award of damages (if the class action is successful).

There is no set deadline for signing up before the outcome of the class action has been published.

The matter is currently under investigation and likely to be commenced shortly.

 

It is common for class actions to continue for two to three years from commencement to approval of a settlement by the Court, or delivery of judgment. In some cases, actions can be resolved sooner or may continue well beyond this timeframe.

If you have signed a retainer agreement with Bannister Law Class Actions, you will be asked to sign a funding agreement with Court House Capital. Please contact Bannister Law Class Action within the cooling off period to terminate your agreements.

 

The cooling off period is specified in clause 2 of the retainer agreement and you can withdraw within 5 business days of entering into the agreement.

 

If you do not wish to be a part of the class action, you will need to “opt out” according to an Opt Out Notice ordered by the Court before a date set by the Court.

You will remain as a group member and can await the outcome of the class action.

 

At some point you will need to register your interest to get any money out of any settlement or an award of damages (if the class action is successful).

The potential class action claims compensation from Tyro to compensate losses for Australian business(es), including but not limited to:

  • loss of revenue,
  • loss of business goodwill,
  • loss of service fees and terminal rental fees paid to Tyro,
  • loss and damage suffered by affected business for taking steps to reduce losses and obtain replacement services.

 

Please contact Bannister Law Class Action Tyro Team, at 02 8999 2888 or email [email protected]. Our team members will assist you to assess your losses.