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 clients using a portable EFTPOS machine for years, with about half preferring to pay using a card.
When Mint Payments changed their partner company from Bendigo Bank to First Data Merchant Solutions in 2022, he was asked to reapply for the service.
During a call with a junior employee, Mr Roberts said he was discriminated against for his profession and blocked from reapplying.
‘I was asked about my occupation, there was a dead silence, and then the phone hung up,’ he told news.com.au.
‘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 thick and fast. I was physically shaking. I felt humiliated and disrespected.’
In June 2022, Mr Roberts wrote to the Chief Manager of Mint Payments asking for confirmation about why he had been banned from the service.
The reply from Mint Payments stated: ‘According to the contractual terms and conditions of our current acquirers, we are unable to provide our service to you.’
Mr Roberts said his anger motivated him to take legal action against the company with the goal of inspiring ‘cultural and policy’ change in the industry.
Maurice Blackburn launched a discrimination case against Mint Payments and its acquirer First Data Solutions on behalf of Mr Roberts.
The application stated that there was no reason for sex workers to lie about their professions, with sex work being decriminalised in Victoria in 2022 – where it is also 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 referred to as ‘de-banking’, has been a significant problem for sex workers.
‘In an increasingly cashless economy, de-banking has serious implications for anyone who runs their own business, including sex workers,’ she said.
‘This case is a timely reminder that it is unlawful to discriminate against someone because of their job.’
In late 2023, Mr Roberts resolved his case on the conditions that both First Data Solutions and Mint Payments do not restrict their services to sex workers and consider their applications on their merits, not their profession.
Both companies agreed to give employees 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 stand up for his industry’s rights.
‘I’m in the industry because I love the work that I do, and that’s never going to change,’ Mr Roberts said.