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Official Statement Regarding PlayerUp & A Recent Game Publisher Complaint
To the PlayerUp Community,

Please be advised that due to some unfortunate events that PlayerUp business has received setbacks and has caused problems with orders prior to May 9, 2021. During the month of January 2021, PlayerUp was at its peak processing orders and the future development of PlayerUp looked bright. During this time and prior PlayerUp had been working with Chase Bank for over 6 years without any complications.


PlayerUp & Chase

• This only applies for orders that were started BEFORE February 5, 2021.

• February 5, 2021 - PlayerUp received a legal complaint from a game publisher which was sent directly to our primary bank being Chase Bank regarding the sale of particular digital items for their game which they wanted removed from our platform. Once PlayerUp received minor details of this complaint, PlayerUp took immediate action and removed this games content from the site.

• February 8, 2021 - As a result of these publishers actions, Chase Bank and their partners made the decision to freeze and suspend our accounts, funds and processing with them despite us resolving this complaint. PlayerUp was never given a copy of this complaint, never given a fair opportunity to coordinate with this publisher to resolve their issue prior to the complaint being filed and never given an opportunity to appeal this decision. Despite this same game services being sold on dozens of websites, PlayerUp was specifically targeted by this publisher. With our accounts suspended at our bank, it has resulted in a variety of conflicts as you're aware with payments options for both buyers and sellers.

• February 9, 2021 to April 5, 2021 - PlayerUp continued efforts to try to appeal this decision with Chase Bank. Despite all our efforts, we failed to get them to even open up dialogue to try to overturn this decision. During this time, we were assured by Chase Bank that these funds they have frozen would eventually be released to us and they would provide further details on this in the near future.

• April 12, 2021 to May 19, 2021 - With PlayerUp inability to resolve this decision made by Chase Bank, PlayerUp retained legal counsel that handles banking related disputes. After a series of multiple phone calls with Chase Bank, the bank informed us they will set a date soon on releasing 1/3 of the amount to us once they have been cleared of all legal liabilities. The Fiserv amount is expected to be released in Late September [originally July but due to risk factors they have extended it an additional 60 days]. The Chase amount is expected to be released in Early September. The remaining 2/3 of our balance will have to proceed with claiming after the 1/3 amount has been released to us. While PlayerUp believes that we act in good faith and users have all the right to sell their digital assets, the bank believed that the digital items and services that sellers are selling on PlayerUp are in violation of the intellectual property rights of these publishers which ultimately led to our 6 year business relationship with Chase coming to an end.

• June 1, 2021 and onwards - We will continue to battle this out and work to get this matter resolved. Expect more updates to come here in this ticket and we ask for your patience on the releasing of these funds. In the meantime, we may schedule a group chat with the community regarding this matter in the near future so we can go over this and get suggestions/feedback from everyone so we can work together to get this issue resolved.

• October 26, 2021 - Our processor has provided us a bank form withdrawal document and will be sending additional documents in the upcoming days here to complete. In addition, we're waiting for their risk/finance team to approve the release of our funds.

• October 28, 2021 - Finance updated us this morning and informed us the balance they are wanting to send us is 1/6 of what they originally told us they were going to send. We have reached out to them again to fix this issue and we are expecting to hear back either today, tomorrow or Monday on this matter. If we do not receive a resolution to this matter by the end of next week, we will reach out to our attorneys to sort this matter out.

• December 13, 2021 - We are running into some difficulties with Chase Bank and them cooperating with us on the release of these funds. Currently they have moved all our funds into an escrow account which we don't have access to these funds. We will begin to start getting more aggressive with them to reach a resolution before the end of the year. If no resolution is made, we will move onto the next legal procedures to resolve this matter. Please be aware we will be scheduling a group PlayerUp meeting soon to discuss more in depth this matter and ask the community some suggestions on how to resolve this matter. We may also need every individual who is owed funds to sign a legal affidavit with your personal and contact information along with the funds owed.

PlayerUp & First Data/Fiserv/Elavon

• This only applies for orders after February 15, 2021 up until May 9, 2021.

• February 15, 2021 - PlayerUp teamed up with publically traded broker agency who was our point of contact to work with Fiserv/First Data and Wells Fargo to handle our future order processing. In accordance to their agreement, they would hold payments for up to 45 days before releasing buyers settlement batches to us.

• April 9, 2021 - First Data/Fiserv terminated our account freezing hundreds of payments that buyers sent to us without any warning or explanation. While we were able to cancel many of these orders, the remaining payments were stuck in limbo as the buyer had already been charged but the funds were frozen with this processor. During this time, we switched over to Elavon and US Bank processing later that day so we could resume conducting transactions on PlayerUp.

• April 21, 2021 - After nearly 2 weeks of silence, our legal counsel was able to arrange direct communication with First Data/Fiserv legal team where we discovered that the reason we were terminated was due to that PlayerUp falsely lied on our merchant agreement contract which resulted in an immediate termination. After requesting a copy of that merchant agreement, PlayerUp discovered that our broker agency we used that works directly with Fiserv falsely duplicated our contract taking the owner of PlayerUp signature and modifying a contract so we could get approved with First Data/Fiserv. If you are not aware, forging documents and/or contract fraud in the United States is a serious criminal matter.

• April 22, 2021 - First Data/Fiserv legal team became aware of what this broker agency did, they immediately began discussing a resolution to this matter and process of reopening our account so we could claim all these payments stuck in limbo.

• April 27, 2021 - After several conversations, Fiserv/First Data reopened our account allowing us to capture all buyer payments due to sellers. We were able to successfully capture most payments.

• April 30, 2021 - Fiserv/First Data informed us that the funds would be held for 90 days and then they would begin releasing settlement batches to us. We expect funds to be released as early as Late September. Once we receive these payments, any sellers with overdue payouts will have their funds released.

• May 9, 2021 - Elavon our processor opted to terminate our account without any warning or notice. Initially Elavon approved our business and didn't have any conflicts with working with PlayerUp. After conducting another review of our business 30 days later, Elavon decided to end their business relationship with us stating they cannot support a business that potentially violates the intellectual property rights of these game publishers. We attempted to appeal this decision with Elavon but they refused to listen to our appeal and stated the decision is final. In this case, Elavon settled most of the buyers payments and only a small percent of payments are being held by the processor which will be released to us as well in 60 to 90 days.

• October 25, 2021 - Elavon has provided us a data dump and given us authorization to rebill the remaining transactions that were not captured when they closed our account. Over the next 10 days we will finalize rebilling these transactions and will release those funds to any sellers who still have not received their deposits.

• October 28, 2021 - Fiserv/First Data did not release our funds on the date they specified they would be released. We have reached out to them to follow up on this and expected hear back either tomorrow or early next week on when these funds will be released.

• December 13, 2021 - Fiserv/First Data intend to release 40% of our balance soon here and will release the remaining 60% in the last week of January 2022. We will provide an additional update later this week.

What's Next For PlayerUp?

Due to the actions made by Chase, Fiserv/First Data and Elavon, PlayerUp made the decision to halt primary order processing until we can find stable processing that will not delay settlements, cause conflicts with orders and/or terminate us shortly after we start conducting transactions with them. All orders that we could not guarantee that the seller would receive payment were cancelled.

Sometime between June 10, 2021 to June 15, 2021, PlayerUp will relaunch with stable order processing as we have partnered with over a half dozen processors including a small bank in California that is 100% fully supportive of our business and all checks/reviews have been completed ensuring these events won't occur again in the future. In addition to stable order processing, the following will change with our new soon to launch order processing:

1. PlayerUp will no longer be holding seller payouts as we will be receiving buyer settlements within 2 business days whereas before it would take up to 12 weeks with our previous processors allowing us to finally expedite seller payouts. In addition, PlayerUp will be updating its policies so sellers are aware of how to handle transactions on PlayerUp.

2. PlayerUp will be implementing automated refunds for buyers and no longer be supporting refunds to credits transactions after the order is cancelled.

3. PlayerUp will be implementing added checkout security using a 3rd party called PAAY and MerchantDefense who will combat unauthorized buyer fraud. With this added security it will allow our team to process transactions faster without having to require additional documents from buyers.

4. PlayerUp will be launching over 150+ new buyer payment options so buyers can easily find a payment option they like allowing for easy buyer checkouts.

5. PlayerUp will fully comply with publishers requests and demands assuming the request is warranted.

6. PlayerUp will aid all transactions over a certain dollar amount assisting the buyer and seller with securing their transaction.

7. PlayerUp will introduce an online chat where users can message or call each other along with contacting staff. This is just one of many updates we intend to implement once we are back up and running properly as we were prior to February 5, 2021.



We totally understand if you as a buyer or seller have lost trust in PlayerUp. All we wanted to do was provide a safe secure marketplace and we have let the community down. While we are confident transactions after May 9, 2021 will go smoothly, if you want to wait to have your past transactions resolved we fully understand that. We wanted to personally apologize to the community for all these problems. We could have never anticipated these processors/banks would have taken advantage of us and we were not prepared for these events that occurred. While we believe this is not the end of these publishers going after companies like ours and expect our competitors to have issues in the near future, we do believe that we are fully prepared if in event this happens again.

We thank the community for all the years of support. We believe we can eventually overcome this issue and be stronger than ever before. We will continue to try to work with the previous banks/processors on resolutions which we fully believe will eventually be resolved, and will keep the community posted on this page. We have alot more to discuss that has not yet been mentioned and we will update this statement next week with more details.


and



Status of Funds:
Orders After May 9 = No Issues
Elavon Issues = Resolved, All Payments Recharged Through Alternative Processor, All Sellers Paid.
Fiserv/First Data Issues = All 100% funds are expected to be released last week of January 2022.
Chase Issues = We were originally told October they would release the funds. They postponed it until December. Recently we were informed they will be fining us for various violations for the sale of digital assets against publisher copyrights and they will not be releasing any funds to us. Currently our legal team is now arranging a phone call to appeal this process and speak to their head counsel to overturn this decision.

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First Data/Fiserv Issues:
All 100% of funds are expected to be released last week of January. We have been working with them as well about having them release 40% of the existing balance and 60% in the last week of January but no arrangement has been finalized yet. No additional information is needed from you and we are confident this will be resolved.

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Chase/Safecharge/Nuvei Situation
We need all users affected by this to be a little bit more patient here as we're getting close here to finalizing the outcome of what Chase intends to do. All users that have had their funds held because of Chase/Safecharge/Nuvei related issue should be aware we're currently still having problems with this company releasing these funds - https://www.playerup.com/threads/official-statement.5063270/. Currently they have moved all our funds into an escrow account which we don't have access to these funds. On the 2nd week of December 2021, they informed us that they are intending to fine us a variety of penalities for breaching their policies and the copyright of this game publisher. They have no legal rights to apply such penalities and we are aggressively working to get this resolved. Within the next few weeks we should know the outcome of our efforts to resolve this. If by the end of this year we are unsuccessful at resolving this matter, we are going to get extremely aggressive here and will setup a group meeting with any individuals who still have outstanding payments to let you know our plan to get offensive.
Meanwhile our lawyer has advised us to reach out to any individual involved and request the following information from them:

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Email: [email protected]
Subject: Chase/Safecharge/Nuvei - Outstanding Payment
Description:
1. Your full name and best contact e-mail address. Optional information we could also use is address, date of birth, country, phone number.
2. How much total is outstanding in your balance that is owed to you?
2. Please provide your occupation
3. Please tell me something about yourself (Married, children, awards, etc)
4. Please provide us what hardship or damages you experienced because these funds were not released to you

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Our Roadmap:
1. Recover all funds currently held by Chase and First Data/Fiserv.
2. We are in the process of working with a law firm out in California to file a class action against on a non Elavon/First Data/Chase related matter. This should be filed in Q1 2022.
3. Once we recover all the funds from First Data/Fiserv, we intend to move forward with a claim against them involving the forgery of documents / contract fraud.
4. With Chase, within the next few weeks we should know the outcome of the release of these funds. See above more information on our intentions with Chase.
5. Once we recover these funds, lastly we intend to proceed with filing the claims against these processors for damages, funds held, unfair fines, contract fraud, and other claims.
See more updates here: https://www.playerup.com/threads/official-statement.5063270/

Middleman, 1/9/22



But I am still waiting for my money for almost a year. Are you going to tell us what is going on???