-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, TcL5SS3+DOTE0ZBOMw9yAcys42C3K7ALsOXPQmDpvjuxw2CleSNRZiR5wN+8dZpt 11F5ZOq853jUgN11b6QMOg== /in/edgar/work/20000901/0000721773-00-000016/0000721773-00-000016.txt : 20000922 0000721773-00-000016.hdr.sgml : 20000922 ACCESSION NUMBER: 0000721773-00-000016 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20000821 ITEM INFORMATION: FILED AS OF DATE: 20000901 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ELECTRONIC CLEARING HOUSE INC CENTRAL INDEX KEY: 0000721773 STANDARD INDUSTRIAL CLASSIFICATION: [6099 ] IRS NUMBER: 930946274 STATE OF INCORPORATION: NV FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-15245 FILM NUMBER: 715757 BUSINESS ADDRESS: STREET 1: 28001 DOROTHY DR CITY: AGOURA HILLS STATE: CA ZIP: 91301-2697 BUSINESS PHONE: 8187068999 MAIL ADDRESS: STREET 1: 28001 DOROTHY DRIVE CITY: AGOURA HILLS STATE: CA ZIP: 91301 FORMER COMPANY: FORMER CONFORMED NAME: BIO RECOVERY TECHNOLOGY INC DATE OF NAME CHANGE: 19860122 8-K 1 0001.txt SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported) August 21, 2000 ELECTRONIC CLEARING HOUSE, INC. (Exact name of registrant as specified in its charter) NEVADA 0-15245 93-0946274 (State or other jurisdiction (Commission (IRS Employer of incorporation) File Number) Identification No.) 28001 Dorothy Drive, Agoura Hills, California 91301 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (818) 706-8999 (Former name or former address, if changes since last report) ITEM 5. OTHER EVENTS On August 21, 2000, the California Superior Court, County of Los Angeles, Central Judicial District, granted the Company's demurrers to four of the seven causes of action in a lawsuit filed against the Company by Premiere Lifestyles International Corporation. The surviving causes of action for alleged damages of $10 million include claims for breach of fiduciary duty, tortious interference with business relations, and tortious interference with contract. Management believes the lawsuit is without merit and intends to defend against it vigorously. A similar lawsuit was previously filed in Texas and subsequently withdrawn by the plaintiff upon filings of motions to dismiss by the Company. The California lawsuit is currently in discovery and, based upon discovery to date, legal counsel representing the Company has informed management that there does not appear to be sufficient facts to support or justify liability against the Company. Legal counsel is conducting additional discovery and investigation. ITEM 7. EXHIBITS Exhibit Number Description of Document 99.1 Press release issued and dated September 1, 2000. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ELECTRONIC CLEARING HOUSE, INC. (Registrant) By \s\ Alice L. Cheung Alice L. Cheung, Treasurer & Chief Financial Officer Dated: September 1, 2000 EXHIBIT 99.1 FOR IMMEDIATE RELEASE September 1, 2000 PREMIER LIFESTYLES INTERNATIONAL CORPORATION AND ELECTRONIC CLEARING HOUSE, INC. IN LAWSUIT Agoura Hills, Calif.-- Electronic Clearing House, Inc. (NASDAQ:ECHO) announced that on August 21, 2000, the California Superior Court, County of Los Angeles, Central Judicial District, granted ECHO's demurrers to four of the seven causes of action in a lawsuit filed against the Company by Premiere Lifestyles International Corporation of Newhall, California. The surviving causes of action for alleged damages of $10 million include claims for breach of fiduciary duty, tortious interference with business relations, and tortious interference with contract. Management believes the lawsuit is without merit and intends to defend against it vigorously. A similar lawsuit was previously filed in Texas and subsequently withdrawn by the plaintiff upon filings of motions to dismiss by ECHO. The California lawsuit is currently in discovery and, based upon discovery to date, legal counsel representing ECHO has informed management that there does not appear to be sufficient facts to support or justify liability against the Company. Legal counsel is conducting additional discovery and investigation. Electronic Clearing House, Inc. provides credit card processing, cash advance services, check guarantee, check verification, check conversion, inventory tracking and/or various Internet services to over 41,000 retail merchants, and U-Haul dealers across the nation. ECHO also designs, develops and integrates software and point-of-sale hardware that is utilized as credit card processing terminals, automated money order dispensers, inventory tracking devices, and cash advance systems. To take advantage of the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995, you are hereby cautioned that this release contains forward-looking statements that are based upon current expectations and involve a number of risks and uncertainties. Actual operations and results may differ materially from those expressed in the forward-looking statements made by the Company. # # # Media Contact: Donna Rehman, Corporate Secretary URL:http://www.echo-inc.com 818-706-8999, ext. 3033 E-MAIL: corp@echo-inc.com Electronic Clearing House, Inc. Agoura Hills, Calif. -----END PRIVACY-ENHANCED MESSAGE-----