What is the name of your state? Contract will be enforced in Washigton State
For the past seven years I have operated a nationwide dialup Internet service (ISP). That’s normally accomplished by entering into a peering agreement with some ISP wholesaler, and that’s what I do. In addition to network connectivity and certain other services, my wholesaler also takes care the billing of subscribers. Basically, each month the wholesaler processes credit cards, keeps the wholesale fee, and then does a bank transfer to me with the monthly profit.
My ISP wholesaler is evidently having severe financial difficulty, as evidenced by increasingly late settlements each month. At this point they are an entire month late. Since the management evidently doesn’t want to deal with this issue, they have stopped communicating with me. They refuse to return calls, reply to email messages, and I have had no reply to my snail mail correspondence.
Since my source of income has been cut off, I need to seek remedy. I have recommended several solutions to the company, including having me process subscriber payments myself and even switching to another wholesaler altogether. Of course my wholesaler doesn’t want me to do either; thus the stonewalling. I can’t process payments because they won’t give me the billing data, and I can’t switch to another wholesaler because they are holding my subscriber records captive.
I have started work on a complaint to serve on the company. However, it has occurred to me that once I file a lawsuit they will most certainly not give me any monthly settlements. If the lawsuit takes a year, that would ruin me.
My question is if there is some other legal remedy I can seek that would QUICKLY ask the court to compel the company to make timely settlements, or alternatively compel the company to release my customer records so I can either bill subscribers myself or find another wholesaler.
For the past seven years I have operated a nationwide dialup Internet service (ISP). That’s normally accomplished by entering into a peering agreement with some ISP wholesaler, and that’s what I do. In addition to network connectivity and certain other services, my wholesaler also takes care the billing of subscribers. Basically, each month the wholesaler processes credit cards, keeps the wholesale fee, and then does a bank transfer to me with the monthly profit.
My ISP wholesaler is evidently having severe financial difficulty, as evidenced by increasingly late settlements each month. At this point they are an entire month late. Since the management evidently doesn’t want to deal with this issue, they have stopped communicating with me. They refuse to return calls, reply to email messages, and I have had no reply to my snail mail correspondence.
Since my source of income has been cut off, I need to seek remedy. I have recommended several solutions to the company, including having me process subscriber payments myself and even switching to another wholesaler altogether. Of course my wholesaler doesn’t want me to do either; thus the stonewalling. I can’t process payments because they won’t give me the billing data, and I can’t switch to another wholesaler because they are holding my subscriber records captive.
I have started work on a complaint to serve on the company. However, it has occurred to me that once I file a lawsuit they will most certainly not give me any monthly settlements. If the lawsuit takes a year, that would ruin me.
My question is if there is some other legal remedy I can seek that would QUICKLY ask the court to compel the company to make timely settlements, or alternatively compel the company to release my customer records so I can either bill subscribers myself or find another wholesaler.