Forum Moderators: buckworks
A better option may be small claims court to recoup the fee. At least that way if you are ruled against, you won't be in legal hot water.
No matter what, it sounds like you should be looking for a different merchant account provider. Taking action against them will probably cause them to drop you immediately.
Sounds like I should get set up with another provider, switch everything over to them, cancel the old account, and submit the chargeback.