Tuesday, December 6, 2011
According to the complaint filed Oct. 31, 2011, in the U.S. District Court – Northern District of Georgia, InComm attempted to coerce nFinanSe into a "price-fixing conspiracy" when it told nFinanSe it would not distribute nFinanSe's GPR cards unless nFinanSe agreed to join the distributor's reload network, on which $3.95 is charged cardholders to reload prepaid cards – a dollar more than what nFinanSe charges.
InComm countered in a Nov. 22, 2011, press release that the Vanilla Reload Network is made available to its partners at a "general industry practice" reload price point and that "nFinanSe is free to participate or not participate on those terms at its discretion." InComm's statement added that "nFinanSe can continue to use its existing reload platform or any of the others available in the industry."
NFinanSe's lawsuit said InComm's actions violate federal antitrust laws and constitute a breach of the companies' distribution agreement. InComm responded by saying that the distributor has never entered an agreement with nFinanSe that obligated InComm to distribute nFinanSe's Visa Inc.-branded GPR cards, and that InComm has "consistently reserved its right of approval."
InComm said it reserves the right to select what products it distributes on its network. 
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