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ECHO
Press Releases 2005
FOR IMMEDIATE RELEASE
Electronic
Clearing House Inc. Provides
an Update on Legal and Sarbanes-Oxley
404 Compliance Expenses
Camarillo, Calif., January 28, 2005 -
Electronic Clearing House, Inc. (Nasdaq: ECHO), a
leading provider of electronic payment and transaction processing
services, today provided an update regarding its anticipated fiscal year
2005 ("FY 2005") expenses in connection with both compliance
under Section 404 of the Sarbanes-Oxley Act and various legal matters.
"In our conference call held on
December 21, 2004, we commented that we could not at that time
confidently estimate what our total FY 2005 expenses would be with
respect to compliance under Section 404 of the Sarbanes-Oxley Act.
We also expressed uncertainty regarding the outcome of a legal
dispute with one of our former independent sales
organizations," stated Joel M Barry, CEO of ECHO.
"We now can better estimate these costs as more facts have
become known."
The Company estimates it will incur a
cost to comply with Section 404 of the Sarbanes-Oxley Act of
approximately $1,000,000 in FY 2005, comprised almost equally among
added auditor expenses, accounting consultants and internal staff
additions that will be required. Regarding the dispute with the
Company's former independent sales organization, the arbitration
panel decided in January 2005 that the independent sales
organization should receive an award of $501,000 which exceeded the
Company's good faith estimate of $300,000, an amount that was
accrued in FY 2004. In addition to this added $201,000 award amount,
it is anticipated that legal fees the Company may have to pay on
behalf of this independent sales organization could be as high as
$185,000. While the final amount could be less once the panel
provides a determination with respect to legal fees, the Company
intends to accrue a total of $400,000 in its first fiscal quarter of
2005 toward this dispute.
"As we discussed in our Annual
Report on Form 10-K for the year ended September 30, 2004, we also
expect legal fees relating to a patent infringement suit to be in
the range of $400,000 each year until the case goes to trial, which
is currently set for April 2006," Mr. Barry commented.
The Company continues to invest in
building its business, with over $300,000 being invested in a sales
and marketing campaign in the San Diego area in the second quarter
2005 and over $1,500,000 in fiscal year 2005 is projected for R
& D expenses and various technical initiatives that it believes
will result in more efficient and robust operations.
Joel Barry, Chairman and CEO of ECHO,
further commented that, "While we are disappointed that we will
have higher legal and regulatory compliance costs this year, we are
encouraged that the Company is presently on track to meet its FY
2005 revenue guidance of 17% - 20% year-over-year revenue growth.
Our operating profitability may be more muted over the short term
but we foresee sustained future revenue growth in both our check
services and bankcard processing services. Once these issues are
behind us, we expect the Company to return to a trend of improving
profitability across our business segments."
About Electronic Clearing House, Inc.
(ECHO)
ECHO (www.echo-inc.com)
provides a complete solution to the payment processing needs of
merchants, banks and collection agencies. ECHO's services
include debit and credit card processing, check guarantee, check
verification, check conversion, check re-presentment, and check
collection.
Safe Harbor Statement under the
Private Securities Litigation Reform Act of 1995: Any statements set
forth above that are not historical facts are forward-looking
statements that involve risks and uncertainties that could cause
actual results to differ materially from those in the
forward-looking statements. Examples of forward-looking statements
included in this press release include statements relating to
potential expenses to be incurred in connection with various legal
matters and with ECHO's compliance under Section 404 of the
Sarbanes-Oxley Act, and statements relating to ECHO's
anticipated revenue growth. Potential risks and uncertainties that
may cause actual results to differ materially include, but are not
limited to, such factors as unanticipated events causing litigation
expenses to exceed estimates, additional time and resources required
to comply with compliance efforts, fluctuations in demand for the
Company's products and services, the introduction of new products
and services, the Company's ability to maintain customer and
strategic business relationships, technological advancements, impact
of competitive products and services and pricing, growth in targeted
markets, the adequacy of the Company's liquidity and financial
strength to support its growth, and other information detailed from
time to time in the Company's filings with the United States
Securities and Exchange Commission.
Contact:
Electronic Clearing House, Inc.
Donna Rehman, 805-419-8533
corp@echo-inc.com
http://www.echo-inc.com
or
Coffin Communications Group
Crocker Coulson, 818-789-0100
crocker.coulson@ccgir.com
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