Post by bear on Feb 12, 2020 5:57:54 GMT 7
THIS is the Letter I sent to 5 x Chambers of Commerce re my *genuine concerns* for HOW this ludicrous Card is Impacting Small/Medium Businesses. A bit of a Long Read but hopefully of help to anyone wanting to alert their particular Chambers. The Scenic Rim has been flagged by our Government as a ‘Trial Site’ for the “Cashless Debit Card” - the forced income management of Social Security recipients, where 80% of their benefit is quarantined, for use with only “Approved Merchants.” While card holders in current trial regions are experiencing extreme difficulty and dysfunction with this card’s Provider, my focus in this letter is on the little known,negative flow- on effects to small/medium businesses, and the legal ramifications to Merchants from the very non transparent, but required, ‘implied consent’ to a legally binding contract, prior to viewing that contract.
I have closely monitored this programme since its inception in 2016, so I am very well versed in its operation, and its social and commercial impacts. Having been a proud Scenic Rim resident for many years, it would sadden me to see our thriving community deteriorate, as other trial regions have/are, should the current Bill before Parliament be passed.
The (commercial in confidence) Contract to administer this card was awarded to the Private Corporation “Indue Ltd.” They are an Australian ADI, but in this legislation they are not answerable to the Senate, and do not supply any Australian Consumer Protections. They have an 80 page T&C’s booklet in which they make it very clear that they “take no responsibility” for their merchants, or for card holders.
‘Indue Ltd’ are underwritten by ‘The Bank of America’, resulting in substantial transaction processing delays, through the Social Security and Merchant funds having to go offshore, and then back again.
This subsequently creates enormous problems with business invoices not being paid on time by Indue…eg. In the Hinkler trial area oneReal Estate Agent alone *had 200 disgruntled rental home investors*, complaining that their rental incomes were repeatedly late. This forced the investors to absorb extra bank fees through their investment mortgage payments also being paid late…through Indue’s incapacity to honour ‘due date’ transfers, re the aforementioned offshore time lag situation. There is little a card holder can do when Indue repeatedly fails to pay their rent on time. Naturally, this is creating ongoing rental breaches, and decimating previously good credit ratings, for both investors and card holders. *(Annexure 2 & 3.)
I should mention here that strict, capped spending categories apply to the quarantined Social Security funds under Indue’s control. Indue is responsible for transferring those funds in a timely manner, either to the Real Estate Agent, The Landlord, or the Card Holder, depending on how individual rental payments are set up. They perpetually fail to do this. This is just one of myriad Indue failures negatively impacting small businesses operators, and card holders.
Legally binding contract concerns:
I am far from alone in the business world, in my extreme concern that a new Merchant will be entering into a legally binding Contract, simply by processing their first Cashless Card transaction, and will only be able to view the details of that contract after the fact.…
…that in effect the merchant is giving “implied consent” by agreeing to:
“Spot Audits” of their entire business records by a Private Corporation, (or, as per their T&C’s statements, “ a personnominated by Indue may…” **
that said Private Corporation may widely disseminate their private business records.
that the Merchant will be responsible for any fees, charges, costs or expenses it incurs (etc etc as per the Attached ‘T&C’s)
**EG. Excerpt from the Attached ‘T&C’s” *(Annexure1.)
“Without limiting the above, the Merchant acknowledges and agrees that Indue or a person nominated by Indue may, without prior notice to the Merchant, undertake random compliance testing at any Store (during normal opening hours) to confirm the Merchant's compliance (or otherwise) with its obligations under these Terms and Conditions. Any such random compliance testing does not need to be disclosed or brought to the attention of the Merchant.”
Please note. The Attached excerpt of their ‘T&C’s document (from my Files 2016 - 2019) has an authenticity link included, which is no longer accessible. My most diligent research indicates that whereas the Merchants’ obligations used to form part of Indue’s complete T&C’s booklet, it now only displays the Card Holders’ obligations. I have found it impossible to locate any current Merchant Agreement anywhere, and have received no reply from Indue from my requesting same. So it appears that only a Merchant will now have access to same…after they have accepted the contract terms, via their aforementioned “implied consent.”
The only route out of this third party auto opt-in agreement for Merchants, is to opt out, and place themselves on the ‘Prohibited Merchants List’ thus denying themselves consumer patronage.
What further concerns me, is the demonstrated lack of understanding by many Government Ministers, of this legislation’s complicated mechanics and its (verifiable) negative impacts. Scores of representations to Ministers have revealed that they still believe the ‘Indue’ card is “just like any normal Visa Card” which is manifestly incorrect. With the strict capped spending categories applied, ‘Indue’ effectively has almost total control over recipients’ spending ability, creating many ongoing crisis situations, with just one being the previously alluded to, failed Rental payments.
The most grievous example I have seen of this was a young, new mother in WA, being initially declined by ‘Indue’ to access herfunds…to bury her stillborn baby..…(Such is the broadly applied over-reach of this Provider’s designated parameters, resulting also in loss of Merchant trade.) (Annexure 6.)
This card is designed to channel people to the multi nationals like Coles and Woolworths, and high end suppliers like R M Williams etc, at the expense of smaller business operators. It removes, or severely limits most of the services that the underprivileged rely upon to survive…eg. Severely limited/ no allowed purchases from: Local markets, 2d hand items, school excursions, online shopping…plus a multitude of other everyday requirements, which naturally erodes the local economy.
Neither has any Minister explained why this outsourcing of our Social Security is almost doubling our Social Security Budget, with Indue being paid $12,000 per card* when “a normal Visa card” can be obtained from an Australian Bank for around $58 a year?*( Annexure 4)
Should the current Bill before Parliament (which is imminently slated for debate) be allowed to pass, the sitting Minister will be given carte blanche to amend same, without returning to the Senate for debate, or further scrutiny. This Bill would see a further 22,500 people in the NT and Cape York, (to start with) forced onto this card. And with no cap on the number of participants or localities, and the government’s stated desire for a National rollout, it clearly poses many valid concerns for small/medium businesses, especially in regional areas.
With *Age Pensioners being added to this card’s ‘Restricted List’ for the first time, I fear that our Veterans will not be far behind inclusion also. I shudder to think of the outcry, and subsequent community mayhem, when/if this takes place. *(Annexure 5)
When I was in business I had reasonably ready access to my local and federal ministers, through my community involvement. I assume this would be similar for your members. I call upon you to please liaise with our Ministers and Mayors, to convey the seriously negative impacts of this legislation upon our community, and to consider stating your opposition to same.
(Some Councils have already successfully rejected this legislative imposition on their electorates.)
Regardless of Government and Media rhetoric to the contrary (which has often been proven to be inaccurate)* this card is not functioning successfully, or achieving any of its KPI’s… it is highly punitive, and overwhelmingly restrictive to card holders, and hazardous to merchants. During my very close 4 year observance of this very autocratic Provider, ‘Indue’, I can assure you that I would be very loathe to liaise with them in any business capacity. *(Annexure 7)
I thank you for your time, and consideration of my information.
Yours Faithfully,
Glenese Palmer……….(Please see *all* Attached Annexures as authenticating data.)
A little about me: I offer my historical information in the hope that I will be taken seriously regarding the abovementioned information, given that, to the uninformed, it is difficult to accept that such is taking place in our Democracy.
I am a retired businesswoman, having created and managed a small chain of bedroom furniture retail outlets, with its own service arm.
Previous to establishing my own business I was employed by large firms as a professional Trainer and Motivator of Specialty Sales personnel, and Public Speaker. Upon my semi-retirement I launched a successful career in the Entertainment industry as a published Writer, Tutor, and Performance Poet. As an ‘Australian Bush Poetry Champion’, I represented Australia in the USA with my work.
m.facebook.com/groups/599961527218122?view=permalink&id=601859677028307
I have closely monitored this programme since its inception in 2016, so I am very well versed in its operation, and its social and commercial impacts. Having been a proud Scenic Rim resident for many years, it would sadden me to see our thriving community deteriorate, as other trial regions have/are, should the current Bill before Parliament be passed.
The (commercial in confidence) Contract to administer this card was awarded to the Private Corporation “Indue Ltd.” They are an Australian ADI, but in this legislation they are not answerable to the Senate, and do not supply any Australian Consumer Protections. They have an 80 page T&C’s booklet in which they make it very clear that they “take no responsibility” for their merchants, or for card holders.
‘Indue Ltd’ are underwritten by ‘The Bank of America’, resulting in substantial transaction processing delays, through the Social Security and Merchant funds having to go offshore, and then back again.
This subsequently creates enormous problems with business invoices not being paid on time by Indue…eg. In the Hinkler trial area oneReal Estate Agent alone *had 200 disgruntled rental home investors*, complaining that their rental incomes were repeatedly late. This forced the investors to absorb extra bank fees through their investment mortgage payments also being paid late…through Indue’s incapacity to honour ‘due date’ transfers, re the aforementioned offshore time lag situation. There is little a card holder can do when Indue repeatedly fails to pay their rent on time. Naturally, this is creating ongoing rental breaches, and decimating previously good credit ratings, for both investors and card holders. *(Annexure 2 & 3.)
I should mention here that strict, capped spending categories apply to the quarantined Social Security funds under Indue’s control. Indue is responsible for transferring those funds in a timely manner, either to the Real Estate Agent, The Landlord, or the Card Holder, depending on how individual rental payments are set up. They perpetually fail to do this. This is just one of myriad Indue failures negatively impacting small businesses operators, and card holders.
Legally binding contract concerns:
I am far from alone in the business world, in my extreme concern that a new Merchant will be entering into a legally binding Contract, simply by processing their first Cashless Card transaction, and will only be able to view the details of that contract after the fact.…
…that in effect the merchant is giving “implied consent” by agreeing to:
“Spot Audits” of their entire business records by a Private Corporation, (or, as per their T&C’s statements, “ a personnominated by Indue may…” **
that said Private Corporation may widely disseminate their private business records.
that the Merchant will be responsible for any fees, charges, costs or expenses it incurs (etc etc as per the Attached ‘T&C’s)
**EG. Excerpt from the Attached ‘T&C’s” *(Annexure1.)
“Without limiting the above, the Merchant acknowledges and agrees that Indue or a person nominated by Indue may, without prior notice to the Merchant, undertake random compliance testing at any Store (during normal opening hours) to confirm the Merchant's compliance (or otherwise) with its obligations under these Terms and Conditions. Any such random compliance testing does not need to be disclosed or brought to the attention of the Merchant.”
Please note. The Attached excerpt of their ‘T&C’s document (from my Files 2016 - 2019) has an authenticity link included, which is no longer accessible. My most diligent research indicates that whereas the Merchants’ obligations used to form part of Indue’s complete T&C’s booklet, it now only displays the Card Holders’ obligations. I have found it impossible to locate any current Merchant Agreement anywhere, and have received no reply from Indue from my requesting same. So it appears that only a Merchant will now have access to same…after they have accepted the contract terms, via their aforementioned “implied consent.”
The only route out of this third party auto opt-in agreement for Merchants, is to opt out, and place themselves on the ‘Prohibited Merchants List’ thus denying themselves consumer patronage.
What further concerns me, is the demonstrated lack of understanding by many Government Ministers, of this legislation’s complicated mechanics and its (verifiable) negative impacts. Scores of representations to Ministers have revealed that they still believe the ‘Indue’ card is “just like any normal Visa Card” which is manifestly incorrect. With the strict capped spending categories applied, ‘Indue’ effectively has almost total control over recipients’ spending ability, creating many ongoing crisis situations, with just one being the previously alluded to, failed Rental payments.
The most grievous example I have seen of this was a young, new mother in WA, being initially declined by ‘Indue’ to access herfunds…to bury her stillborn baby..…(Such is the broadly applied over-reach of this Provider’s designated parameters, resulting also in loss of Merchant trade.) (Annexure 6.)
This card is designed to channel people to the multi nationals like Coles and Woolworths, and high end suppliers like R M Williams etc, at the expense of smaller business operators. It removes, or severely limits most of the services that the underprivileged rely upon to survive…eg. Severely limited/ no allowed purchases from: Local markets, 2d hand items, school excursions, online shopping…plus a multitude of other everyday requirements, which naturally erodes the local economy.
Neither has any Minister explained why this outsourcing of our Social Security is almost doubling our Social Security Budget, with Indue being paid $12,000 per card* when “a normal Visa card” can be obtained from an Australian Bank for around $58 a year?*( Annexure 4)
Should the current Bill before Parliament (which is imminently slated for debate) be allowed to pass, the sitting Minister will be given carte blanche to amend same, without returning to the Senate for debate, or further scrutiny. This Bill would see a further 22,500 people in the NT and Cape York, (to start with) forced onto this card. And with no cap on the number of participants or localities, and the government’s stated desire for a National rollout, it clearly poses many valid concerns for small/medium businesses, especially in regional areas.
With *Age Pensioners being added to this card’s ‘Restricted List’ for the first time, I fear that our Veterans will not be far behind inclusion also. I shudder to think of the outcry, and subsequent community mayhem, when/if this takes place. *(Annexure 5)
When I was in business I had reasonably ready access to my local and federal ministers, through my community involvement. I assume this would be similar for your members. I call upon you to please liaise with our Ministers and Mayors, to convey the seriously negative impacts of this legislation upon our community, and to consider stating your opposition to same.
(Some Councils have already successfully rejected this legislative imposition on their electorates.)
Regardless of Government and Media rhetoric to the contrary (which has often been proven to be inaccurate)* this card is not functioning successfully, or achieving any of its KPI’s… it is highly punitive, and overwhelmingly restrictive to card holders, and hazardous to merchants. During my very close 4 year observance of this very autocratic Provider, ‘Indue’, I can assure you that I would be very loathe to liaise with them in any business capacity. *(Annexure 7)
I thank you for your time, and consideration of my information.
Yours Faithfully,
Glenese Palmer……….(Please see *all* Attached Annexures as authenticating data.)
A little about me: I offer my historical information in the hope that I will be taken seriously regarding the abovementioned information, given that, to the uninformed, it is difficult to accept that such is taking place in our Democracy.
I am a retired businesswoman, having created and managed a small chain of bedroom furniture retail outlets, with its own service arm.
Previous to establishing my own business I was employed by large firms as a professional Trainer and Motivator of Specialty Sales personnel, and Public Speaker. Upon my semi-retirement I launched a successful career in the Entertainment industry as a published Writer, Tutor, and Performance Poet. As an ‘Australian Bush Poetry Champion’, I represented Australia in the USA with my work.
m.facebook.com/groups/599961527218122?view=permalink&id=601859677028307