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I know you are frustrated Brad -- however, since you aren't a direct client of Visa, I'm not sure you'd find a judge that would let the case be heard.
One thing Visa would not want is to go thru discovery, since all their rules and regulations -- most of which merchant account holders will never see, since while they are sworn to uphold the rules, they also aren't allowed to look at the book -- would come out in the open.
I'm not sure what suing a third party processor would get for you, they don't make the rules, they have no choice but to follow what they are told by Visa, otherwise the alternative is... drum roll... NO MORE TAKING VISA! And then MC would be soon to follow no doubt.
If people think the processors like this sort of thing, that's not the case. It's a big fat pain in the ass of all of them, both from the standpoint of a reporting nightmare and they don't want to be the police.
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