Two years have passed, but the Tyro (ASX: TYR) saga might still be one of the most memorable incidents that headlined the digital payments industry. For those who can’t recall what happened, payment terminals issued by Tyro experienced a 2-week outage in the busy new year period of January 2021, resulting in both financial and emotional distress for involved clients who are mostly small-medium businesses. 

After a long battle with businesses affected by the network outage, Tyro has reached an agreement to settle the class action lawsuit by entering into a Settlement Deed following court mediation. This relates to principle settlement of the class action filed in the Federal Court of Australia in relation to the terminal connectivity issue. 

The settlement is subject to Court approval. Payment of the settlement amount is not expected to involve any additional cost or expense to Tyro, having already paid out $13.3m in remediation payments. In agreeing to resolve the class action, Tyro makes no admission as to liability.

The error first occurred on 5 January 2021 impacting approximately 15% of Tyro machines distributed nationwide. Tyro claimed that this was due to an error in the software provided by the terminal manufacturer, Worldline, in certain models of their POS payment machines. A key certificate in the machines failed to conduct a proper ‘handshake’ with the Tyro payments switch when customers logged on to the system. The date of 5 January 2021 was showing the certificate had expired. The machines weren’t able to go back online through other alternative networks as all machines rely on an internal connection. It took approximately two weeks until 23 January for all machines to operate back at pre-incident level.

There were approximately 11,000 businesses nationwide impacted by the outage during a crucial period, being a time when everyone had come out of lockdowns and businesses were struggling to recoup their losses during the pandemic. There was also a general reluctance to give and accept cash. Terminal rental charges were waived for impacted merchants in January, which was unsatisfactory for many merchants as the waived fee is very insignificant compared to the total loss.

In 2021, it was reported that Tyro might have to face a remediation cost of around $15 million as the company explored the potential of using its own insurance coverage to meet the claims. It has already incurred costs of $3 million for collecting the “bricked” terminals from merchants for the required software update.

Eighteen months after the outage, Bannister Law started a class action in October 2022 with Court House Capital funding the case. Bannister Law revealed that most affected businesses lost between $5,000 to $40,000 from the outage, but there were other businesses too with multiple machines that had to lose as much as $100,000. 

In the first half of FY23, Tyro reported a 37% increase in total transaction on previous corresponding quarter (pcp) to $21.7, as well as 601% increase on EBITDA on pcp to $19.5m. The Tyro share price dropped 26.6% on pcp from $2.19 per share on 17 February 2022 to $1.62 per share on 17 February 2023.