A gay sex worker was left ‘humiliated and disrespected’ after his bank blocked him from taking credit card payments from his clients.
Victorian man Matthew Roberts had been charging customers using a portable EFTPOS machine for years, with around half preferring to pay by card.
When Mint Payments changed their partner company from Bendigo Bank to First Data Merchant Solutions in 2022, they were asked to reapply for the service.
During a telephone conversation with a junior employee, Mr Roberts said he was being discriminated against because of his profession and could not reapply.
“I was asked about my profession, there was a dead silence and then the phone hung up,” he said news.com.au.
Victorian man Matthew Roberts (pictured) had been charging customers using a portable EFTPOS machine for years before he was asked to reapply for the service – and was refused
‘Sex workers across the country face a dilemma. They can lie and be treated fairly or tell the truth and almost certainly face discrimination.
“I chose to tell the truth, and the discrimination came quickly. I was physically shaking. I felt humiliated and disrespected.”
In June 2022, Mr Roberts wrote to the lead manager of Mint Payments seeking confirmation as to why he had been excluded from the service.
Mint Payments’ response stated: “Under the contractual terms of our current acquirers, we are unable to provide our service to you.”
Mr Roberts said his anger prompted him to take legal action against the company with the aim of bringing about “culture and policy change” in the sector.
Maurice Blackburn has launched a discrimination lawsuit on behalf of Mr Roberts against Mint Payments and its acquirer First Data Solutions Australia.
The application said there was no reason for sex workers to lie about their occupation, as sex work was decriminalized in Victoria in 2022, and that it was all illegal to discriminate against someone because of their occupation.
Bridie Murphy, a senior associate in Maurice Blackburn’s social justice practice, said the denial of financial services, often called ‘de-banking’, is a major problem for sex workers.
“In an increasingly cashless economy, de-banking has serious consequences for anyone who runs their own business, including sex workers,” she said.
“This case is a timely reminder that it is illegal to discriminate against someone because of their employment.”
A letter from Mint Payments said: ‘Under the contractual terms of our current acquirers, we are unable to provide our service to you.’
In late 2023, Mr Roberts resolved his case on the terms that both First Data Solutions Australia and Mint Payments do not limit their services to sex workers and do not consider their applications on their merits, not their profession.
Both companies agreed to provide employees with training on discrimination laws.
Mr Roberts said other sex workers had been forced to give up their businesses due to de-banking.
He said he is proud to be a sex worker and to stand up for the rights of his industry.
“I’m in the industry because I love the work I do, and that will never change,” Roberts said.