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Sphyra, LLC

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Phone: (877) 928-0305 Fax: (888) 400-8177 View Additional Phone Numbers 621 N Argonne Rd Ste 100, Spokane Vly, WA 99212 View Additional Email Addresses https://www.sphyra.com/ View Additional Web Addresses

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Description

This company offers credit card processing equipment and services. Leases for the equipment are handled by Northern Leasing Systems, Inc. of NY, and Executech Lease Group of Vancouver, WA. Processing payment contracts are handled by iPayment, Inc. of Thousand Oaks, CA.

BBB Accreditation

This business is not BBB accredited.

Businesses are under no obligation to seek BBB accreditation, and some businesses are not accredited because they have not sought BBB accreditation.

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Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that lowered the rating for Sphyra, LLC include:

  • 81 complaints filed against business
  • 1 complaint filed against business that was not resolved
  • Government action(s) against business
  • Advertising issue(s) found by BBB
  • Business has failed to resolve underlying cause(s) of a pattern of complaints

Industry Ratings Comparison | Chart


Customer Complaints Summary Read complaint details

81 complaints closed with BBB in last 3 years | 11 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 12
Billing/Collection Issues 14
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 55
Total Closed Complaints 81

Additional Complaint Information

BBB files indicate that this business has a pattern of complaints concerning consumers not receiving promised discounts, significant savings, 'best prices', waiver of fees or that the contract was not month-to-month without termination fees as the consumer believed it was. Further, files indicate that sales agents and customer service ignored consumers' calls to address these issues with the business.


Merchant Services Direct has responded to BBB's inquiries and stated the following improvements in their response:
 - Investigate all complaints including reviewing recorded conversations, obtaining statements from all parties involved, and reviewing notes in this business' internal system; 
 - Require all employees involved take and pass an online ethics course;
 - Implement a training program focusing on proper training for sales representatives;
 - Expansion of administrative staff and customer care; and
 - Establish an internal business code of ethics, requiring all sales representatives read and abide by.


As with any service agreement, BBB recommends consumers receive all promised discounts and savings in writing and fully understand and review all written materials such as a service agreement, prior to agreeing to services. Furthermore, BBB recommends consumers retain a copy of any signed documents.

Customer Reviews Summary Read customer reviews

18 Customer Reviews on Sphyra, LLC
Customer Experience Total Customer Reviews
Positive Experience 1
Neutral Experience 0
Negative Experience 17
Total Customer Reviews 18

Additional Information

top
BBB file opened: May 30, 2008 Business started: 04/01/2007 in WA Business started locally: 04/01/2007 Business incorporated: 03/29/2007 in WA
Licensing

This business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.

These agencies may include:

Washington State Department of Licensing
PO Box 9034 , Olympia WA 98507-9015
https://fortress.wa.gov/dol/dolprod/bpdLicenseQuery/Default.aspx
Phone Number: (360) 664-0116
Fax Number: 360-705-6699

Type of Entity

Limited Liability Company (LLC)

Business Management
Mr. Shane Hurley, CEO Mr. Sydney Adams, Tempe Branch Manager Mr. Dean Armbrust, Tampa Branch Manager Mr. Mike Collins, Denver Branch Manager Mr. Cole Houchens, Registered Agent for Dallas Location Ms. Rebecca Jensen, CFO Mr. Richard "Richie" Kemner, Tampa Branch Manager Mr. Chris Manfred, Director of Acquisitions Mr. Mike Palagonia, Columbus Ohio Branch Manager Mr. Anthony Smith, Tempe Branch Manager Ms. Becky Strantz, Senior Human Resources/Legal Administrator Mr. Clint Tannehil, Los Angeles Branch Manager Mr. Joe Wagner, Los Angeles Branch Manager
Contact Information
Principal: Mr. Shane Hurley, CEO
Customer Contact: Ms. Becky Strantz, Senior Human Resources/Legal Administrator
Business Category

Credit Card Processing Service Credit Cards & Plans - Equipment & Supplies

Refund and Exchange Policy
We are happy to work with all customers on any issues they might have. Please call Customer Relations at 877-928-0305, Ext. 273.
Alternate Business Names
Americo Marketing Boost Commerce Dallas Merchant Services LLC Denver Merchant Services LLC Elite Acquisitions Group Excel Marketing Solutions Limitless Marketing Concepts Merchant Services Direct The Direct Processing Center, LLC World Wide Solution Systems, LLC

Additional Locations

  • THIS LOCATION IS NOT BBB ACCREDITED

    621 N Argonne Rd Ste 100

    Spokane Vly, WA 99212

  • THIS LOCATION IS NOT BBB ACCREDITED

    9212 E Montgomery Ave Ste 400

    Spokane Vly, WA 99206

  • THIS LOCATION IS NOT BBB ACCREDITED

    2545 Farmers Dr Suite #140

    Columbus, OH 43235

  • THIS LOCATION IS NOT BBB ACCREDITED

    5100 W Lemon St Ste 110

    Tampa, FL 33609

  • THIS LOCATION IS NOT BBB ACCREDITED

    16775 Addison Rd. Suite 201

    Addison, TX 75001

  • THIS LOCATION IS NOT BBB ACCREDITED

    6500 S Quebec St Ste 210

    Centennial, CO 80111

  • THIS LOCATION IS NOT BBB ACCREDITED

    960 W Elliot Rd Ste 112

    Tempe, AZ 85284

  • THIS LOCATION IS NOT BBB ACCREDITED

    4355 Ruffin Rd Ste 118

    San Diego, CA 92123

  • THIS LOCATION IS NOT BBB ACCREDITED

    10725 SW Barbur Blvd Ste 102

    Portland, OR 97219

  • 1
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Professional AffiliationsX
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Types of Complaints Handled by BBB

BBB handles the following types of complaints between businesses and their customers so long as they are not, or have not been, litigated:

  • Advertising or Sales
  • Billing or Collection
  • Problems with Products or Services
  • Delivery
  • Guarantee or Warranty

We do not handle workplace disputes, discrimination claims or claims about the quality of health or legal services.

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BBB Complaint Process

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BBB reports on known significant government actions involving business' marketplace conduct.

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Additional Phone Numbers

  • (888) 200-9139 (Fax)
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Additional Web Addresses

  • http://www.americomarketing.com/
  • http://www.boostcommerceinc.com/
  • http://www.eliteacquisitionsgroup.com/
  • http://aboutmerchantservicesdirect.net/
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Additional Email Addresses

  • - Communication/Mass Email
  • - eQuote
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Complaint Detail(s)

6/25/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I filed this complaint before and the company said they would return my money,but never did.They had a rep come in my store and sell me a contract stating the only fees would be at the time credit cards were used.In truth as I found out they charges other fees.Still waiting for my refund.All info was given in a prior BBB complaint,as to costs etc..

Desired Settlement: Refund of the money I gave them.

Business Response:

Dear ******,


Please accept this as the formal response on behalf of Sphyra to the complaint referenced above. I have reviewed your complaint, all notes, emails, statements, etc and completed a full investigation.

I will address your complaint as to the specific points you referenced. First, you stated that you previously filed a complaint with the BBB and were requesting refunds promised to you; however, I cannot find any record of that.  I show you have asked for refunds multiple times and they have not been approved. However, we did waive your annual fee and lower your monthly minimum from $25 per month to $10 per month in June 2013.

We communicated to you on several occasions that your account could not be cancelled without a cancellation form. The form was sent to you via email two times and snail mailed for a third time on 9/18/13. Unfortunately, had you closed your account by returning the closure form, you would not have been assessed the fees you are disputing.

Looks like you currently have a balance due in the amount of $25.  However, as a courtesy, since you did not process on the account and there are allegations of misrepresentation, we are waiving that $25 collections balance.

Also, to ensure this relationship is ended amicably, we are refunding you for 3 months of your $5 statement fee, as well as 2 months of your $10 monthly minimum fee. You were not charged these fees for August as they were waived. We also waived the cancellation fee of $350. The remaining fees on the account are non-refundable.

I hope this resolves your concerns and we can all move forward from here. 

 

Sincerely,

 

***** *******

Legal Resolution Manager

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

2/20/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Signed contract for their services and got a list of charges correct with the contract I signed. Started getting billed for charges not on my contract and asked for another copy of the contract from them. Found that they had written in amounts on the contract after the fact in their system. They changed a signed contract to suit their needs. After this came to light, I contacted them, sent copies of all the paper work I had and waited for a response for over 30 days. I contacted them later after I received a call from a collection department, and was once again told that the matter would go to upper management to be reviewed. Their response was to take off $19.45 off a bill of $142.45 which leaves a balance of $123.00. This I paid due to the fact that I am a small business starting out and do not need this on my credit report. Their business practice is unethical and Illegal.

Desired Settlement: I would like a refund check in the amount of $123.00

Business Response: *** *****,

 
In response to the recent complaint you filed against us with the BBB, we stand by our previous decision. You were only refunded debit fees you paid per your complaint you filed with our office previous to pursuing us via the BBB.
 
First, to address your complaint about the numerous things added onto your contract after it was submitted, we only received a complaint from you in regard to the debit fee, nothing further. You agreed to the remaining fees on the account. You signed the attached agreement and that is not in dispute. 
 
Second, to better understand why you were only previously refunded $19.45, the remaining amount you have requested to be refunded ($123.00) was the processing fees you paid for credit card transactions that were not in dispute. 
 
Third, our office completed a full investigation to include: reviewing all notes, emails, telephone calls, processing statements and documents you submitted. We confidently feel the resolution to refund you debit processing fees was the most fair option to resolve your complaint.
 
Thank you for your previous business with us and we apologize this matter can not be resolved to your amicable resolution. 
 
Best Regards,
 
***** *******

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

12/25/2013 Problems with Product/Service
11/23/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I feel totally ripped off by this company. They are deceitful and crooked in their practices. I was approached by a representative that wanted to show me their credit card services. The young man filled out paper work even though I said I was undecided about transferring my business to their company. I wanted to compare prices with my processor. He said he would not process me till he checked back with me. I did not hear back from him and in a few days I received a terminal. I was furious and called the company. I returned the terminal unopened and called the company and stated that I did not confirm this and was very upset that he processed me any way. I did not want to switch to their company when their practices were so underhanded.They have a voice recording of that conversation. I was sent a cancellation form which to the best of my knowledge I sent back. I never received a call telling me there was a problem with it not coming back. I have NEVER used there company. I have not processed a dime with them and I found out that they have been charging me for approximately a year and a half around $700. dollars worth of charges. I thought the charges were from my current processors and did not question it. After finding this out I contacted them and they have told me that they cannot give me my money back because they did not receive my cancellation form. They have all recordings of my dealings with them.. the fact that I was tricked by their salesman, the fact that I did not want to use their company for processing. The fact that I returned the terminal, The fact that I have never processed a dime and they still can't give me my money back.I am so upset and frustrated that have cheated me this way. It is underhanded, crooked, and very sad that they are able to deny me my money back. Conveniently their salesman no longer works for them. I should have had a representative call and check as to why there was no activity in this account and a follow up on the cancellation form. Ethics! Ethics!

Desired Settlement: I would like to receive my money back from this company. Every representative I talked to stated that my phone conversations were recorded and they had record of all the history. They neglected to check back with me and make sure that I had filled out the form properly. I did not know it did not go through. This company has been deceitful from the very beginning. I feel that a voice recording should be enough. I deserve my money back!

Business Response: Hi ****, 

This email is in response to the above referenced BBB complaint from ***** ****** of ********* *******. Please accept this email as the formal response on behalf of Sphyra.

This merchant sent me an email the night before she filed her BBB complaint and posted on our company ******** page. It is unfortunate that she did not allow us time to properly investigate this matter and offer her a resolution before filing a BBB complaint. 

On 5/As explained to the merchant on a telephone call on 11/4/13, we would like to offer her 3 months of refunds and a waiver of the ETF to get her account closed. This represents the amount of time that lapsed from when the merchant opened her account (allegedly the account was not supposed to be opened), until the time she contacted us for closure. We sent her a closure form as promised on June 25th, 2012. The merchant acknowledges that she received the form. The problem is, the merchant claims to have sent us back the closure form; however, we did not receive it. We checked all systems and emails to ensure we did not receive it. 

This matter can easily be resolved and they could potentially be entitled to more refunds if she forwards us the email she claims to have sent us with the completed closure form. We explained this to her on the phone on the 4th; however, she was not willing to work with us.  

Thank you, 

***** *******
Resolutions Manager
************************
Legal@Sphyra.com
(P) ###-###-#### | (F) ###-###-####

*** * ******* *** ***** ********** ******* ** *****

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

11/18/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I began using Merchant Services Direct in May of 2013 for my business. In August I received a call from my agent of MSD stating that I needed to cancel my service as soon as possible due to MSD being investigated by the FTC. I contacted MSD corporate office via email and was called by someone who told me that the allegations were not true and that they were coming from a disgruntled employee. Instead of investigating, I believed her and continued using their services. Shortly after, I attempted to contact MSD for a terminal issue and was unable to find any contact information online. I also attempted to call the number on my business card from my former agent. The woman from corporate that I spoke with had left me her phone number but I misplaced it. In my attempt to find contact information via **********.com I was educated in the FTC investigation as well as reviews from other websites stating the complaints made against this company. I was informed by my other credit card processing agent that MSD was now Sphyra. I sent an email via their website stating my issues and that I wanted to cancel my service due to lack of communication and because MSD technically no longer exists. I was immediately contacted by the woman from corporate telling me that MSD does still exist, that everything is fine (which is a lie), and that cancelling because of these things is not realistic or plausible. **** is the name of the woman at the Sphyra/MSD corporate office. She is hostile, rude, and not helpful. I would really like my service with MSD to be disconnected but so far whenever I attempt it, the conversation turns into an argument.

Desired Settlement: I want my service cancelled with Merchant Services Direct and I don't feel that at this point I should have to pay the cancellation fee since it is of no fault of mine that they are no longer a reputable or really even existing company.

Business Response: This email is in response to the BBB complaint made by ******* ******, dba ********* **** * ******. Please accept this email as Sphyra’s (formerly MSD) formal response. 

******* ****** is correct about the following:  she applied for and contracted to use our services in May 2013, and she began processing credit card and debit card charges for ********* **** * ****** in June 2013; by her own account and our company records, she was happy with our services for several months.  Unfortunately, she received a call from one of Sphyra’s former, disgruntled sales agent who had been terminated by Sphyra.  That former sales agent was terminated by Sphyra because the sales agent did not meet Sphyra’s high standards of business.  The former sales agent then capitalized on the pending lawsuits by the FTC and the State of Washington in an attempt to recruit and solicit Ms. ****** to move her business from Sphyra to the company for whom that agent went to work after being terminated by Sphyra.   

When Ms. ****** contacted Sphyra, our Partner Support Representative **** ******* did everything she could to try to explain that Sphyra vehemently disputes the allegations against it and that Sphyra remains an active business concerned first and foremost with the satisfaction of its merchants.  Partner Support Representative **** ******* provided a direct line at which Sphyra could be reached to address any future questions or concerns that Ms. ****** might have.  We hoped that having a direct, personal contact at the company would show Ms. ****** we were committed to ensuring her satisfaction with our services.  This direct phone line was provided to Ms. ****** in addition to the general contact information previously provided to her via email and telephone in May 2013.  Supporting records detailing these emails and phone conversations is available upon request.   

The BBB’s own website, the WA State Attorney General Information Release, and the press releases issued by the FTC have made it extremely difficult to keep our merchants; even merchants who were happy and satisfied with our services have asked to breach their contracts because they feared the worst after reading the press release about Sphyra.  The business disruption caused by the press release was worsened because the companies issuing the press releases failed to update their posts and websites with accurate information detailing the court’s initial rulings and Sphyra’s response to the unfounded allegations raised in the press releases.  Sphyra continues to suffer ongoing harm as a consequence of the press releases.     

As we understand Ms. ******’s complaint, she is afraid that Sphyra is not an active company.  That is mistaken and we welcome an opportunity to address Ms. ******’s concerns and questions because she is a valued customer.  She is also free to discuss her questions and concerns with our company’s lawyers.  Sphyra is ready, willing and able to continue to provide excellent service to Ms. ******’s business.  If Ms. ****** wants, instead, to cancel her contract with Sphyra, she needs to complete the attached form and return it to our office via fax at ###-###-####.  Ms. ******’s contract is attached for your convenience and for Ms. ******’s convenience.  If she chooses to cancel her contract, the early termination fee is $350, as clearly stated in her signed agreement.  

We trust that this response will sufficiently address any concerns.  If you should need additional information, please contact our Customer Relations department at ###-###-####, Ext. ***.  Once you have had an opportunity to review the facts, I would appreciate confirmation that this matter has been resolved and that no damaging negative statements about this matter will be published. 


Sincerely,  
***** *******

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.



Regards,

MRS. ******* ******

 

1. The "disgruntled former employee" did NOT attempt to get me to sign on to her new company and don't appreciate being treated like an idiot who would follow someone the likes of that just because she no longer worked for you.  I took her advice under advisement and after doing the research agreed with the fact that I should attempt to disconnect my service.  She, along with others, suggested the BBB in order to resolve my cancellation.

2.  I am not only cancelling because of the name change that I was not informed of (which I feel was impersonal and irresponsible), but because in my 2 attempts to cancel my service, **** ******* proceeded to argue with me instead of follow through on my request.  I pay MSD, so technically MSD should be working for me.  NOT arguing with me, telling me I'm wrong, and dismissing my requests.

3.  I also do not appreciate the company not taking responsibility for their issues with the FTC as well as the issues that I have.  They are instead placing blame on the websites (not updating the FTC investigation), the former employee, and myself.

4.  I have requested a stop payment on all finances attempted to be retrieved by MSD/Sphyra via my bank account.  I do not want to be charged for services that I am no longer using, nor be charged for a cancellation service behind my back.  I have also returned their swiping machine to the headquarters address in Spokane, WA.




Business Response: Hi ****, 

It is unfortunate that this merchant cannot work with us on a resolution in an amicable manner. There is nothing we can do to help this merchant at this point. In an attempt to resolve this matter, I have attached the two calls we have on file between the merchant and **** *******. This should resolve her concern about our employees arguing with her when she attempted to close her account. 

Although we asked that the merchant return the cancellation form to close her account, she refused to work with us and instead closed her account and stopped payment. She didn’t need to do that by any means and we could have resolved this by receipt of the cancellation form. As of today, it appears that her account is still open. Until we receive a cancellation form from the merchant, her account charges may continue to accumulate and in turn she may be taken to collections in the future. We ask this merchant once again to please complete the cancellation form and return to us ASAP. 


***** *******
Resolutions Manager
********************.com************.com
(P) ###-###-#### | (F) ###-###-####
*** * ******* *** ***** ********** ******, WA 99212

Consumer Response:


Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

This company is not at all interested in helping me with my discpute.  They could care less if I cancel or not because they get paid either way, even if their name is tainted.  Apparently if they are going to threaten to send me to collections I have no choice but to pay the cancellation fee and some point or another.  I will pay it when I have the funds available, but because they have continuously taken money out of my account for PCI non compliance (even though I am fully compliant with another company), I am unable to afford to that right now. 


Regards,

******* ******




BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

10/1/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I was contacted by a merchant services account representative about lowering my credit card processing rates and promised that if I switch over the fees would be reduced. I was promised that I can try out the service for 30 days and if I was not happy with it I can cancel at anytime without termination fees or bound by any long term contracts. I processed several transactions within the 30 days trial period and realized that I was not saving any money and decided to cancel the contract. I was told that there was going to be a $350 termination fee and I was obligated to a 3 yr contract which was not disclosed on any contracts that I signed. I was informed by the sales representative David Bernal there would be no termination fee and it would be "risk free" for 30days. I've tried calling the sales rep, there was no response from the rep. I contacted Merchant Services Direct customer service trying to resolved this contract issue and was unsuccessful. I had requested a copy of the sign contract I signed which states the terms and conditions, Merchant services will not refused to send me copies or proof that I had signed such a contract. My account has been debited a total of $1058.24 since 11/2/12. I'm requesting a refund for the fees charged.

Desired Settlement: I'm requesting a refund for the fees charged of $1058.24 since 11/2/12

Business Response: This email is in response to the above referenced BBB complaint posted by **** *** ** ** ********** *********** ********. Please accept this email as the formal response on behalf of Sphyra. 

On September 9th, 2013, this merchant called in wanting to cancel the account and spoke to our Customer Relations Dept. He told our CR representative that he called almost a year ago to have the account closed and it was not. Our CR representative reminded him that we did receive a call from him on 12/4/12 to close the account; however, when we advised the merchant of the ETF. he stated that he didn’t have one. When our CR representative told him that our records do show that he does indeed have an ETF, he was unhappy. We attempted to retain the account and make the customer happy by offering to try for a limit increase. He agreed that if the limit increase were declined, we would waive the ETF. The increase was approved and even offered to meet or beat his fees with previous processor. In order to complete the increase and rate change, we let him know that we needed a document from him. However, the merchant never returned the calls or emails. We never received the document we requested.

Due to the unresponsiveness of the merchant throughout the course of this account, we cannot offer him any refunds. However, as a courtesy and in an effort to end this relationship on a positive note, we will offer to waive the ETF.  The merchant has already been sent the closure form. Please relay this email to the merchant and have him return the form ASAP to close his account without penalty.


Thank you, 

***** *******
Senior HR & Legal Administrator

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

9/10/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I am filing this complaint as a owner/partner in ***'* ***** *******, ******, ******. The fees they charge, in my opinion, are unreasonable. I wrote letters and cancelled their services. I called and verifyed with the company that our contract was cancelled as of June 3, 2013. They agreed that the contract was cancelled as of June 3, 2013 but they have continued to charge fees to our checking account.

Desired Settlement: I feel that our business should be refunded for the unnecessary charges that were charged to our account. We have returned the credit card machine back to the company. The only service they provided to us was to process one credit card payment.

Business Response: Dear ****/******,
 
I sincerely apologize for the delay on our BBB complaint response. I have thoroughly reviewed this merchant’s file, statements, notes, and contacted the agent for their feedback and potential resolution to this complaint.
 
The agent that assisted this merchant with the initial set up for this account was ***** ***. He is one of our best agents and is currently the Assistant Manager in our Denver branch location. He prides himself in providing the best customer service experience possible and was disappointed to see that this
merchant had submitted a BBB complaint vs resolving his concerns with the agent. Since we cannot change the past, we offer a solution that hopefully will resolve this merchant’s concerns.

The agent has offered to not only waive this merchant’s cancellation fee of $350, but he has also offered to refund this merchant $73.95 for the May fees they paid on this account. Since the charge for the cancellation fee bounced back, we need to have updated deposit information to send the refund to the
merchant. Please call our Customer Relations team at ###-###-#### to provide that updated information.

Please let me know if this response resolves this merchant’s concerns so that we can close this account without any further grievances.

The information in this message may be proprietary and/or confidential, and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify Sphyra immediately by replying to this message and deleting it from your computer.

Consumer Response: [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and find that this resolution is satisfactory to me. 

Regards,


******* ******


P.S.  Any refund may be sent to the business address: ***** ***** ******** *** ******** ***** ********* *****
We do not need the $350.00 cancellation fee sent, as we already have that.

BBB's Final Determination: Consumer accepted resolution offered by the business.

8/29/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Upon receiving a phone call from a sales representative that was kind of pushy to meet up and get services started, I was unsure about this company. I met with the sales representative that was still pushy in the meeting and told me to give her a voided check so they would have the information on file when I was ready to go. She also had me sign a contract with them and told me that I could cancel any time if I was not happy. I had several questions that the sales representative could not answer while she was there and told me that she would get the answers for me. After about two weeks of, "I am still trying to get these answers and am having no luck", I called and tried to cancel. They then told me that I would be charged a cancellation fee if I canceled. I told them that I was told that I could cancel at any time if I was not happy and they said that I would be charged no matter what because I signed the contract. So I waited to cancel and FINALLY got the answer I was looking for about 2 Weeks later. So I am already one full month into service and have not used anything yet and am getting charged a monthly fee with no description on what it is for. Finally get things working and all seems ok then get my first statement with a $25 Additional Fees that I was not told anything about which is apparently a one time setup fee. That is fine, just would have liked to know about it. All seems ok and I get my 3rd statement with another $30 additional fee that I was never told about. Called them again and they told me that it was because I was not in compliance. Another thing that I was never told about. All I want from this is to close my account and not be charged a cancellation fee because I have been lied to from the beginning about everything that was told to me. The sales rep that signed me up for this didn't know much about the company and had no clue about answers to my questions and took weeks to figure out, and I was only able to get my answers after I wanted to close my account.

Desired Settlement: I want my account with Merchant Services Direct, to be closed without being charged their cancellation fee. I feel that this is only fair considering that I was lied to about everything from day 1.

Business Response: In response to the above referenced complaint, we have researched this account, all notes, statements, etc. on this account. Please consider this as the formal response on behalf of MSD/Sphrya. 

We apologize for the issues that this merchant has experienced on this account and would like to offer to close this merchant’s account without the penalty. It appears that this agent was brand new when she signed this account and was not trained as well as she should have been. We would like to address the issues of fees the complainant listed to help all parties understand what happened here. 1. The agent was not trained enough to get the merchant answers to his questions. She could have simply called in to Corporate for answers to these questions. The merchant could have called in to get these resolutions as well. 2. The first statement (April 2013), this merchant was only charged $5 statement fee. The 2nd month (March 2013), the merchant was charged a $30 PCI fee, along with the normal batch header and $4.95 regulatory fees. The 3rd month (May 2013), the merchant was charged the same statement fee, $4.95 regulatory fee, and normal card fees. The last month (July 2013), the merchant was charged, the batch header fee, a return fee (.08), a statement fee, regulatory fee and another $30 PCI fee. 3. On 5/13/13, we lowered this merchant’s rates to .03% + IC from .5$ + IC. 4. Since the agent quotes a 90 day  “trial” period that does not exist, in conjunction with the miscommunication on the PCI fees, we are offering to waive this merchant’s ETF so that he can close his account. Lowering his rates was our attempt to save the account, but it appears the merchant is still unhappy. If the merchant would like to give us one last shot, please do! 

This is an issue we have uncovered internally and have taken the following measures to ensure our accounts do not end up in situations such as this one: 
1. We launched an interactive, company-wide training video that is module based and our agents will be required to pass a test to move on to the next training module;
2. We are launching a Quality Control program next week where each merchant will have a dedicated Relationship Manager that will contact them upon receipt of their application, to ensure all parties are on the same page.
3. Part of the QC program involves our Corporate Trainer to go out to each office, do one on one reviews and trainings with agents and owners, as well as ensure the trainings are completed and any issues are resolved.
4. New mobile application that will allow a more accurate merchant savings analysis at the time of the appointment.

Please be advised, in order to close this account, the merchant needs to complete the attached closure form. Since, we are nearing the end of the month, the sooner this form is returned, the quicker the account can be closed. If the merchant decides to stay with us, please notify us that this complaint is resolved and they would like to retain their account with Sphyra. If that is the case, we will have his new Relationship Manager contact him ASAP to resolve any further issues. 

Please let me know if these is anything further that I can do to resolve this account. 

Thank you,

***** *******

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9663476, and find that this resolution is satisfactory to me. 

Regards,


***** ****




BBB's Final Determination: Consumer accepted resolution offered by the business.

8/14/2013 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: About 18 months ago ***** **** stopped in our gallery. We had been processing our cards with Regions and we were unhappy and he told us we were being overcharge. He told us that we would be able to save money by switching to Merchant Services Direct. Our one concern at the time was that we were going to be hit with a cancellation fee from Regions and we wanted to switch, but he assured us there was no time requirement or cancelation fee. When we called to cancel and told them we were told there would be no cancellation penalty. I asked to speak to the representative who signed us up and was told he was no longer with the company and then I asked to speak to his boss. It seems the company they worked for was no longer doing business with Merchant Direct. We asked to have the fee waived and after a week and a half we finally got an answer of no. This is unacceptable. I wish I had check the BBB before signing up with this horrible company. Not to mention that they held our money for 3 to 4 days after it was processed. We are now with a new company and I would tell any business that is considering using Merchant Direct, LLC to look elsewhere. They obviously do not have a good rating with the BBB and we learned the hard way.

Desired Settlement: We would like to have the cancellation fee of $250 waived as we were told by our representative who is no longer with the company was the policy. We feel we were misled in this business transaction.

Business Response: This merchant’s complaint was resolved, to her satisfaction outside of BBB involvement. Thank you,

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9640904, and find that this resolution is satisfactory to me. 

Regards,


****** ********




BBB's Final Determination: Consumer accepted resolution offered by the business.

8/14/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I signed a contract in May on 2012 with this particular merchant. After signing my contract the only way I could turn on my machine is by faxing my information, which I didn't have a fax at the time and mailing it would take to long and I needed to start my credit card machine sooner then what the mailing process was going to take. and they wouldn't let me email it at first. Finally, after 2-3 weeks of back and forth discussion they let me email over my information so I could start using my machine.Fast forward a few months to August. I wasn't aware that by signing a contract that fees outside of the normal ones, could just be drafted out of my account. I was being charged 14.95 a month for something that wasn't mandatory. I had to call and get this fee taken off that wasn't authorized.Now, in May 2013, I'm thinking that my year contract is up only to call and find out that I have a three year contract. When I called this time the first man I spoke with told me my contract was two years, the next person I was transferred to said I had no contract, and the third person told me it was three years. This is not the first time I've called and have gotten different answers for the same question. When I realized that the girl that initially came into the salon gave misleading information about the contract I called customer service to speak to a supervisor. The lady I was speaking with informed me that it was a $200 dollar fee to cancel the contract and that the supervisor was very busy and probably wouldn't have time to talk to me but that she would get back with me in a couple of days. I didn't get a call back till two weeks later. I called again today and was able to speak with the supervisor who informed me that the fee was actually $250 dollars. This is why I was so glad when I thought my contract was up in may of 2013 because the left doesn't know what the right is doing at this place. This company is really lacking organization, consistently, and customer service.

Desired Settlement: I would like to get out of my contract. I don't believe with the service that's been give to me this year alone that I should have to pay $200-$250 dollars to break this contract that I wasn't aware that it was three years in the first place. I would like to not have to pay but if not I would like to only pay a portion of the fee.

Business Response: Hello, 

This email is in response to the above referenced complaint of ******** ********. We have reviewed this merchants account and offer this email as a resolution. This merchant has been thorough too many issues in setting up her account with us. We apologize for the issues she had to deal with in that regard. Also, it is not 100% clear as to what was communicated to her by MSD in regard to her contract term; however, due to the issues she had in initially setting up her account and the miscommunication that may have occurred, we are willing to waive this merchant’s ETF. To be clear, this was a 3 year contract; however, a year has passed and she had a remaining 2 years left on the contract. Her ETF was $250 and we have waived this for her in an effort to resolve this complaint amicably for all parties involved. Please remember to return the equipment you have to the following address: *** ** ******** ***** ********** ******* ** ***** Also, please do not forget to send in the cancellation form ASAP. I attached the cancellation form for your convenience. 

Thank you, 

***** *******
Senior Legal & HR Administrator 

Consumer Response: [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9648095, and find that this resolution is satisfactory to me. 

Regards,

******** ********

BBB's Final Determination: Consumer accepted resolution offered by the business.

7/31/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: On May 8th, the Merchant Services Direct LLC s two Salesmen stormed into my business claiming they have very low rates of $.05per transaction and could save me $375 on the statement I showed him and he also wrote this amount down on the back of the statement envelope I showed him(I kept it very well now). He also told me that we are neighborhood business.He told me their service wont have any fees but just one time system setting up fee @ $195.99. Now I was charged the setting up fee @195.99 and "Early Termination fees" of $350 for this never been set up or used account and service. On May 22nd, I received an email from their Customer Relations Specialist II, ******* ****** that my merchant account was set up and I can start to use it also with the attached contract which was revised the transaction rate to $.07(which I noticed later but not right away.) I told her this is a gas station we have pumps processing but not only a card processing machine they provided us. But her answer is from her system it shows we are good to go.( Actually the type of our system was marked and noted on the contract by **** *****, but obviously she doesnt read it and understand it at all.) I tried so hard to explain it to her, but she still insisted on You are all set. I have to call the reps, **** *****, who strolled into my store and lied to me but his phone says the service is not existing anymore (Tel No: ###-###-####). I have to call another rep whose name is *** ***** (Ph: ###-###-####) and tell him we need him to come to set up the machine. Two days later this guy came in but even did not touch anything at all and he said he did not know this system, he need to contact his head office to solve it. Then I kept waiting for another month and keep calling *** ***** who keeps telling me that their head office is working on it. Then I check the BBB as I doubted their morality and ability. While I am reading the complaints posted on the BBB, it seems to me I am reading the same story as it happened to me. Then I asked for closing the account that I never used and I was told by ******* ******:You will be charged more than $500.00 if you cancel the account. Read your contract , did you read it? and you are welcomed to cancel it and I do not need to talk to you anymore. she emailed me a cancellation form immediately. I shipped their equipment back to them on June17th and faxed the account Closure Form to them for this never been set up, never used account. Then my bankers and I, We called together from the bank and this time they answer the phone and I talked to ******* (I asked her last name but she wont give me) to tell her the reason why we have to cancel this account. She told us she is going to report to her management office and call us back. But 2 or 3 days later, she called me and told me she is going to have her technecian to give me a questionario. After that she can make the decision whether we are qualified by her to cancel the account without a charge. The next day she called me and left me a message said if I dont do the questionair as she required, she wont do anything for me. I called her back but nobody answer even if I left her a message and let her call me back. But since then, dated June 22nd, I never get a call back from their customer service. Yesterday afternoon, I received a statement from MSD for month ending 06/30/2013. There is only one item of this statement which is: Summary of Miscellaneous FeesMIN DISCOUNT 25.00STATEMENT FEE 5.00REGULATORY FEE 4.95**ADDITIONAL FEES 25.00 TOTALS CHARGES $59.95Then at midnight today I got a bank alerting email it shows MSD is transferring $350.00 from my bank account. Then I have to call my bank for disputing till 2:00 am. I have to file this complaint on this company: Merchant Services Direct, LLC through the Better Business Bureau.

Desired Settlement: Merchant Services Direct LLC to close this we never used never set up merchant accout completely, stop charging us the cancellation fees $350.00) and refund us the setting up fees($195.99).

Business Response: This email is in response to the above reference BBB complaint. A full investigation was completed on this account and all details were analyzed prior to crafting this response. We have reviewed all notes, recorded calls, contacted all agents and administrators involved. Please accept this email as the formal response on behalf of Merchant Services Direct.

First, please remove any personally identifying information from this publicly posted complaint. This merchant has listed our agent’s names and phone numbers. Please notify me when this information is redacted.
Second, the setup fee actually was rejected by the bank and the merchant never paid it. Please inform the merchant to check their bank account to confirm that they never paid us the set up fee.

Third, in regard to the many issues this merchant has had in setting up her account, we have attempted to offer a resolution on her account due to the lapse in time to get her gas pumps set up. There was some confusion and miscommunication with our agents, as they were expected to complete a POS inquiry form sooner than anticipated. This needed to be done in order for us to have the merchant’s **** system reprogrammed. This was never completed; however, several of our administrators communicated this to the merchant and she was unwilling to allow us to get it done. She only wanted to cancel her account.

On 6/14/13, 6/17/13 & 6/18/13, our Customer Relations department made it very clear that the possibility of refunds and an ETF waiver were still on the table. The only way this was possible was if the merchant allowed us to complete the POS inquiry first. She was unwilling to do so and said she would contact her attorney for advice. Instead of returning our call and completing the POS inquiry form, she filed a BBB complaint and closed her account. Despite what the complaint details that she posted state, ******* never received a return call from this merchant.

Please note this account has been closed as of 7/16/13 and is scheduled to be charged the ETF at any time, if not done already. Unfortunately, we aren't really sure what else to do since the merchant already closed their account and rejected every attempt we made to remedy the solution prior to the BBB becoming involved. We apologize that we were unable to offer any further solutions.

Sincerely,

***** *******
Senior Legal Administrator 
Merchant Services Direct, LLC

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

7/4/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: $1068.48 charged since March 2012 for services that have never been used because they never sent my clinic the proper equipment! I had entered into a contract with Merchant Services Direct back in March of 2012 with the agreement that I would use their services and pay the agreed upon fees granted that I receive a compatible machine at no cost. The machine that was sent was not compatible and could not be installed. The company was notified that the machine was not compatible and that because of that, my medical facility was not able to process any payments with their equipment. To date I have never processed a single card for a single penny through there accounts. They have charged me to date, June 5th 2013- $1068.48 for services that have Never been used. I called in August of 2012 to notify the company of these issues and I was told that my June and July 2012 payments would be refunded and that my contract would be cancelled. Today I spoke to a representative named *******, she would not give me her last name. She may be ******* ***** as indicated on the companies Facebook page. She was not helpful, or polite, or understanding that since her company had not held up their end of the contract by sending me the proper machine to be able to process credit and debit cards then my business is not required to pay for services that are not used. She said that it was my responsibility to check my bills and call them if I was having this problem. I also spoke to a "*******" who also would not give me her last name, possibly "*****" from their Facebook page. They have not helped to resolve this matter. I have spent over 4 hours of my time just today, that I could have spent working with patients, or any other of my services that help people. This matter has been brought to the attention of the Business Fraud Department of Wells Fargo bank and is currently under investigation for breach of contract and mis-appropriate charges by Merchant Services Direct. This will go to litigation if not resolved!!!!!

Desired Settlement: I want a 100% refund for all amounts charged!! That is $1068.48 All my company is asking is to be refunded the amounts charged for services that were Never provided. Merchant Services Direct did not hold up their end of the contract by sending me a machine that was compatible with my office. They breached the contract and no cards were ever processed with their company. To avoid further loss of time and to avoid litigation I would hope this could be resolved amicably and ethically.

Business Response: This email is in response to the BBB complaint referenced above. Please accept this email as the formal response on behalf of MSD.  We have investigated the claim in full by reviewing all notes, emails, recorded calls, etc. and have decided to offer this merchant relief beyond what we would normally do on an account of this nature. Please ensure the details of this settlement are removed from public record.Since this BBB Complaint was posted, the merchant was already refunded for 3 months of monthly fees ($25 monthly minimums + $6 statement fees for each month), plus the annual fee ($49.95). A total of $142.95 was refunded to this merchant on 6/6/13. This is our standard procedure for accounts that go unresolved for almost a year without communication on the merchant’s part. However, when specifically discussing refunds beyond those three months, we look at the sole responsibility on the business owners to review their statements to ensure that improper charges are being taken care of in a timely manner. Unfortunately, the business owner who submitted this complaint did not contact MSD, or iPayment from August 7th, 2012 until June 5th, 2013; even though he was still being charged monthly fees. If this matter were to go to litigation, we would assert the affirmative defense under the Doctrine of Laches. This merchant has basically “slept on its rights” to request a full refund of all charges on his account. As a reasonable person and business owner, this merchant must keep a close eye on risks to his business and equity. It is reasonable for our business to expect another business owner would do everything in their power to remedy their account to ensure improper charges are being taken care of in a timely manner. For example, if the merchant had called in to ensure his account was closed, he would have been told how to get rid of the recurring $30 PCINA fee that hit his account every month for over a year.However, because we want to end this relationship on a positive note, we are going to refund all monthly fees this merchant has paid on his account in 2013 (provided the attached release is executed). He has already been refunded for March, April, & May 2013 and we will request refunds for monthly fees he was charged in January and February after the Release is executed. Also, although we are not able to offer any refunds for being PCI non-compliant ($30 fee the merchant paid each month), we are able to refund ½ of the PCI Annual fee that posted to his account in November and December 2012. We will be issuing a refund in the amount of $120 for ½ of the PCI Annual Fee as a courtesy. Lastly, as a courtesy to the merchant to show we absolutely would love a positive resolution on the account, we are going to waive the $250 Early Termination Fee in full. The merchant has not returned the necessary cancellation form needed to stop any further monthly charges from hitting his account. He was sent the attached cancellation form on 6/5/13 and the merchant has not returned the form to us. If the merchant can return the cancellation form before close of business Monday, June 24th, 2013, in addition to the attached Release of All Claims to our Legal department (via fax at ###-###-####), we will submit the cancellation form to the bank right away and attempt to stop another set of monthly fees from hitting his account. If June fees do hit this account before it is fully cancelled by the bank, please notify Customer Relations ASAP at ###-###-####, Ext. 273 to remedy a refund for June’s monthly fees. In order to process all refunds and waivers mentioned above on the account, the merchant must execute the Release of All Claims Agreement attached to this email. Please let me know right away if there is going to be any delay on getting this account taken care of. We feel that these offers are fair to both parties involved and the merchant should be highly satisfied with the outcome of his complaint.

Thank you, 

***** ******* | Senior HR & Legal Administrator

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9571178, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I have Never received any services from this company! They have Never processed a single card for a single dollar! Why does this company and its legal administrator feel justified to give a partial refund when no services where ever provided? The term "slept on my rights" was used by ***** *******. Does this mean that she knows that they have been inappropriately charging me for services they have not provided but still won't refund me 100% for all the money inappropriately charged.  So by that logic if someone is stealing from me it is my fault if I don't catch them even if they know they are stealing. She also said that it is my responsibility as a business owner to "merchant must keep a close eye on risks his business and equity". So, ***** ******* has just referred to her business "MSD" Merchant Service Direct as a risk to my business and equity!! This business solicited me! I did not approach them! They gave me some rates that appeared good and then took a blank check and started to charge me each month. Even though they did not keep their end of the contract by sending me the proper equipment to process cards through their company. Having a blank check from my business does not give them or any other person or company the right to just charge my card when no services are provided. If ***** ******* found a blank check on the street could she fill it out for $1068 and cash it? No. That would be check fraud! They did not keep their end of the contract and clearly the ball was dropped on their service end. This should be a simple clerical error and MSD can clearly show,as can I, that I have never used their service to process a single penny!! They made a mistake and didn't properly take care of a potential new customer. They did not send me the equipment needed to use their services. Why do they feel justified to send people out to solicit their services and then charge these business when they do not complete their end of the contract. I am absolutely shocked that I am having to work and fight this hard to get money back for services not rendered!! I have studied business law and business ethics at the university level and these are not ethical or moral business practices! Where did ***** ******* get her legal training to hold the title "Senior HR & Legal Administrator" because these are not ethical business practices! I would be very interested to see what an ethics board would say about this businesses practices. Merchant Service Direct did not uphold their end of the contract by sending my business the proper equipment to process cards through their company! Why can they not simply refund me the money inappropriately billed for services not provided? Why do they feel entitled to $1068 of my hard earned money that I made by actually providing people with services that they want and need and received!


Regards,
with health and healing,

Dr. ***** ******* D.O.M.




Business Response:
Please accept this response to the above referenced BBB complaint on behalf of MSD.

Not only has this merchant publicly harassed employees of MSD by snooping around on social media and posting our employees first and last names, this merchant has now personally attacked our credibility as a company and our legal administrator. This is completely unprofessional, as well as unethical and unacceptable business practices. We are formally demanding that this merchant cease and desist from his public harassment of our employees.  In addition to this, I would like all of our employees names removed from the BBB website. Please confirm that you are able to complete this request. The decisions behind our BBB responses are that on behalf of the company, a Limited Liability Corporation. This customer received a properly functioning terminal from us on 4/28/2012. This terminal is the terminal that was designated on the merchant application they signed. This customer consciously chose not to use the service that was provided to them. Similarly to most contractual agreements for services, regardless of if the customer actually uses the service, the individual that personally guaranteed the contract is responsible for paying for that service. Some more widely accepted examples of contracts that must be honored, regardless of use, are as follows: cable service, internet service, the purchase of a vehicle, the purchase of a home, electric heating service, water service, etc… There isno part of this contract that was not honored. We feel as though this merchant’s accusations are not only incorrect, but are quite unprofessional. It appears as though this customer would not like to take responsibility for not managing this account he signed up for as a legal owner of the business and personal guarantor. We are not able to take responsibility for this merchant’s negligence in not resolving his complaints in a timely manner. We refunded $142.95 to this merchant due to one of our customer service representatives not calling him back one time, which was quite generous. This was a courtesy, in spite of this merchant’s negligence. In summary, this customer executed a contract with our company. This merchant then neglected to attempt to inform of us of the discrepancy with their equipment for four months. Once informing us of the discrepancy, one of our CS reps accidentally didn’t call this merchant back. This merchant then again completely neglected to attempt to resolve the situation, and instead waited nearly a year to contact us again. If this merchant does not wish to sign the release of claims we have already provided, no further refunds will be issued. If the merchant chooses to sign that document and send back his cancellation form, we will be refunding $62 for Month-End fees for January and February 2013 and waiving the $250 ETF. Any further requests from this merchant beyond what we have offered will not be considered for the aforementioned reasons.

 Thank you,

***** ******* Senior HR & Legal Administrator
******************
(P) ###-###-#### |
(F) ###-###-####

*** * ******* *** ***** **0Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

6/28/2013 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: i was paying 2.5% per transaction for my current merchant service.So these people/sales walked into my store and represented their low rate merchant with 0.5% and announced that they can beat others merchant service at a very low cost rate,i was attracted by it's offer which can save me hundreds a month, since i m a wholesaler, line of credit can range from 100-10,000 per month. i've told i can cancel the plan anytime i want to since its on a month to month basic. i already told them i need to think about it and give them answer on Monday,( it was friday 11/2/12 around 5pm). they claimed that they wouldnt be around the area anymore and asked me to sign the paper first and if i change my mind i can call the sale (named ***** ******!!!!) and cancel the plan. On monday, i kinda browse the internet and i found so many neg fb about MSD.i tried to contact the saleman i dont want the service anymore, but he never pick up, it always went to voice mail!!!!!! ahhggg, i KNEW it is a trick and they GOT me!! so i found a number to contact their main office in the paper i sign( i made a copy for myself,because they dont have a copy for me!!!) i told them i change my mind i dont want their service anymore, ( i received their machine a week later but never plug it n use) and the guy told me i'd sign a contract for 3 year if i cancel it i'll need to pay a termination fee of $350. but i never use your service i claimed, he said the service is ON since the day the application were sent,they dont care whether it is use or not !!!! yea, right,BLAH... FINE, i Faxed the Termination Form a week later as the CS told me to "STOP" the service, and i did..but here's the funny part, i received their Statement. Theres mis Fee that i have never told i gotta pay for $60! O-M-G !! and i called CS again,they have not yet receive my TERMINATION FORM so the service is still on...!!! i asked to talked to the previous CS but VOICEMAIL again!...!!! Iam not willing to pay for sth you didnt get, will you????

Desired Settlement: Terminate the plan immediately and stop charging me Mis fee which i have not informed!!!

Business Response: ****,

This is in response to the above referenced complaint. We have thoroughly investigated this account by contacting the agent's owner, listening to recorded calls, and reviewing the notes on this merchant's account.

Although we do not have any evidence that would validate this merchant’s concerns with the agent, in an effort to resolve this complaint, we are offering to waive the $350 ETF. Since the cancellation form has already been processed and this merchant’s account has already been cancelled, there is a good chance that this merchant has already been charged the ETF. Since we cannot see that charge on our end, if the merchant has been charged the ETF already, please have the merchant send in a copy of a bank statement that shows the charge. Once we receive the bank statement, we will immediately have it refunded. Please fax that statement to Customer Relations at ###-###-####.Additionally, please return the terminal to avoid the $575 Unreturned Equipment Fee to:  Merchant Services Direct at 621 N. Argonne, Suite 100, Spokane Valley, WA 99212.We apologize for the trouble this merchant had to go through to cancel their account; however, everything should be taken care of now.

 

Thank you,


***** *******

Email: ********@msdnw.com

Phone: ###-###-####, Ext. 140

Fax: ###-###-####

BBB's Final Determination: Business offered a partial (less than 100%) settlement which the consumer accepted

6/26/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Told I had a .5% rate on all credit card sales. The rate was 5 times that when I got the bill. Told I had a one year contract. Billing me $250 for early termination of a three year contract. Ihave been with them for over a year. Cannot believe one word spoken by anyone in this company. Especially ***** *******

Desired Settlement: Refund of contract closure fees.

Business Response: This email is in response to the above referenced complaint.

Please accept this email as the formal response from MSD on this matter. This merchant has been processing with us since the end of 2011. In regard to the allegation that he was only supposed to be charged .5% on all credit card sales, in August 2011 he called in to iPayment and stated the same thing; however, iPayment advised him at that time that the .5% he was referring to was the basis points with payment of fees to be charged on top of the interchange rates. Shortly thereafter, the agent on the account even lowered his rates to .1%.  This merchant has called into iPayment several times over the years with various issues from errors on his terminal and POS, to rates and fees, batching out, PCI, and password resets. It was not until June 2013 that the merchant actually called into MSD because he needed to cancel his account. He stated the reason why he wanted to cancel his account was because he wanted to switch to a different company. He was very aware that his contract was over a year and appeared to be a happy and satisfied customer up until he decided to close his account and move on to a different processor. We tried to retain the account by lowering his rates so that he could finish out the term of his contract; however, he had already decided to move on.   At this time we are not in a position to refund this merchant any further fees, nor the ETF. The ETF will be charged to the merchant for cancelling his 3 year contract before the term finished. We apologize for not being able to offer a better resolution on the account. 

Thank you, 


***** *******

Senior HR & Legal Administrator
Merchant Services Direct
(P) ###-###-####, Ext. 140
(F) ###-###-####
*** ** ******** ***** ***
Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

6/25/2013 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: A young man by the name of **** ******** entered my flower shop the end of April 2013. He offered me a credit card service costing me only a percentage of the transactions. I ask him straight out "Is there any other charges?" He said no. What I thought was permission to process the service, turned out to be a one year contract. When I received the contract and call about all the indescresions the customer service supervisor, ******* *****, tells me it will cost me $350 to terminate the contract.

Desired Settlement: I would like the contract to be voided.

Business Response:

This email is in response to the above referenced complaint.
 
Please accept this as the formal response on behalf of MSD. There has been some major miscommunication on this account. In April, we attempted to contact the merchant numerous times to welcome her to the company and ensure she was all set up and ready to go. She did not return our calls until 5/3/13 and even at that time she did not acknowledge that we have attempted to reach out to her. In May, she called in accusing one of our best agents of lying about the gateway fee of $15 per month. We investigated the account and determined that the fee was disclosed to her at the initial contract signing. Our Customer Relations department called this merchant another four times in the first couple weeks of May to follow up to no avail. Our agent called her several times in May to follow up with the merchant to no avail. On 5/22/13, Customer Relations finally got a hold of the merchant and she was angry that no one had returned her call. We certainly did follow up with her numerous times to ensure her concerns were validated and taken care of. Unfortunately, even though we are saving the merchant money on her processing needs, she claims to have been lied to and no longer wants to do business with MSD. If she truly does not want to save money on her processing needs, she is welcome to cancel. In fact, our agent was so concerned with this merchant being treated fairly that he even agreed to waive the ETF on the account if she wants to cancel. If the merchant does decide to cancel, she needs to complete the attached form and return it to Customer Relations via fax at: ###-###-####. 

Thank you,  

***** *************

HR & Legal Administrator
Merchant Services Direct
(P) ###-###-####, Ext. 140
(F) ###-###-####
*** ** ******** ***** ***Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

6/15/2013 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: This Salesman recently approached me & told me how he could save me money on credit card processing. He said "there is no contract", "no statement fees". I even asked him again about the contract because I did NOT want a contract.He had 2 pieces of paper that we went over & signed. He left without leaving me a copy. Once he left he never answered his phone or returned any of my phone calls. After seeing so many complaints on the BBB site where people were told they had no contract just to find out they did. I asked for a copy of my paperwork. (This was probably a good month later.) If you read the fine print it refers you to a form of theirs that is 57 pages long. On page 29 there is a papagraph stating there is a 3 year contract with a $350 early termination fee.The salesman flat out lied about everything!! I see where other businesses were lied to like I was the their reply is that they don't have any "proof" that anything was done improperly. Because there are no witnesses to his lies. How convenient.These people treat customers like crap. Lie, sign them up, and move on.I want my "contract" terminated immediately & my fees (which weren't mentioned when we walked through the contract) refunded immediatly. I am a very small, struggling bakery that can't afford this kind of abuse. I totally feel tricked & lied to.Don't sign ANYTHING with these people. The salesmen lie & there managers back them up. No moral standards what so ever.

Desired Settlement: Cancel my hidden contract immediately & refund all the hidden fees that I was lied to about. The $100.00 annual fee for example was never mentioned. I asked about batch fees & was told there wouldn't be any.$25.00 monthly service fee (was told there wasn't any)$5.00 statement fee (was told there wasn't any)$25.00 Min. fee because I wasn't running thru their company yet because I was still with my previous company (and they knew that.)

Business Response:  
This email is in response to the above referenced complaint. We have concluded our investigation and we have been in contact with the merchant to resolve her inability to process on her account. The contract term is valid and unfortunately we cannot cancel it without a $350 cancellation fee. However, since we do value this customer and her continued business, we would like to offer a resolution. The agent office owner, ****** ******, was able to reach out to her to help her with the terminal issues she was experiencing. In fact, the account is active and the merchant is processing on a daily basis. In an effort to retain the account, we are happy to honor the agent’s original commitment to waive the monthly minimum on the account. We apologize for the delay. In addition to this, since the merchant is very upset with our services, we are willing to lower rates and fees that will give the merchant a total annual savings of $640 per year ($45/month)! Basically, the rates and fees currently associated with this account are as follows: $25 monthly minimum, $5 statement fee, $4.95 regulatory fee, $0.25 per trans on debit, $0.10 per transaction on credit, 0.5% discount rate above interchange, $99.95 annual fee, $0.30 per batch, and $129 PCI annual fee. What we can do is adjust the rates/fees, if the merchant agrees to stay with us. Here are the following adjustments we are willing to make: $0 monthly minimum, $5 statement fee, $4.95 regulatory fee, $0.12 per transaction on debit, $0.07 per transaction on credit, 0.2% discount rate above interchange, $0 annual fee, $0.15 per batch, $129 PCI annual fee. The savings quoted is only an estimate and is based on the volume that the merchant processes per month. As for refunds, we would like to offer a refund to the merchant in the amount of $40 for previous months fees and monthly minimum fees charged.   If this is not a sufficient resolution to the account, we would gladly do a full accurate rate review if the merchant; however, they will send in a statement from their previous processor in order to do so. Please have the merchant contact our Customer Relations department at 877-928-0305 ext. 273 to go over which rates and fees we are going to be changing, if she decides to stay with us. We will also explain how we were able to accomplish the monthly/yearly savings quoted. Please note that these rates/fees savings will only be completed if the merchant agrees to stay with MSD. After the merchant calls in to speak with a Customer Relations Administrator, she will need to sign a Release in order to accomplish those rates and refunds.  We hope that the merchant will retain their account well into the future with Merchant Services Direct and want to thank the merchant for their continued business. Also, Joel please do not publicly post the rates we are offering this merchant as they are better rates than we would typically offer to other merchants. In fact, we should make sure none of the offers of rates we have given via BBB complaints in the past are posted, as they vary from merchant to merchant. Please advise if you can do this for us.


Thank you,

***** *******

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
about
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9537457, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

First of all NOTHING has been fixed.  I am processing, but through my phone line instead of the internet which I've complained about numerous times over several weeks.  No one has come to my place of business to correct this. 

Secondly, MSD has had ample time to refund the minimum processing charges, but they haven't.  They only "apologize for the delay."

As I read their response to my complaint I see another charge that I wasn't told about, the PCI annual fee.  I would like to know where that fee is located in my agreement.  I am PCI compliant as I just paid for it last week.  Regardless, I want them to tell me where to find the explaination of that annual fee.

I don't want to do business with this company at all.  Who wants to work with a company that lies to them, hides the contract then never answers their phones  or returns phone calls when you leave messages. Last week alone I left nine messages to three different people & only had one call returned. (And it wasn't my salesman or his boss, it was from Customer Service.)  But when I called back it went to a voice mail (as usual.)

Once I signed the paperwork my salesman disappeared.  When I called his boss to complain about things he told me he was fired for "unethical behavior".  So, he knows what kind of a salesman he was but "can't" cancel my contract?  I didn't hire him,  I didn't train him, they did. THEY should pay the price for his "unethical" behavior, not me.

Why can't they cancel my contract? How is it a  "valid"  contract when I was told there was no contract. The paperwork I saw & I signed didn't mention the word "contract" anywhere! I would like them to show us where the word "contract" is mentioned.

He didn't leave me any paperwork. Several weeks later I had to request it.  I had to do my own research to find the hidden contract . It was on page 29 of a  57 page document which my salesman never mentioned to me.  Talk about deceitful and unethical.

Before signing I asked my salesman specific questions regarding a contract, annual fees, etc. He flat out lied to me!

With the kind of salesmen they have,  the way they bury their contract, and how the word "contract" isn't on the  paperwork anywhere, I feel completely tricked by this company.  That is a terrible way to do business and a terrible way to treat people. I want nothing to do with this company. I will not accept anything less than cancelling my contract and refunding the fees. I've been charged.


Regards,

****** *********




 

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I already answered this last week

I have reviewed the response made by the business in reference to complaint ID 9537457, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.


Regards,

****** *********




Business Response:
Dear ****,

In response to the above referenced BBB response, please accept this as our formal response. To address the merchant’s concerns, we offered to lower her rates and unfortunately she has declined the offer. Our Customer Relations team has been returning her calls/emails throughout this entire process. We have given the merchant the phone number to our Technical Support department several times to get a resolution with her internet vs. phone line ordeal. It is her responsibility to call them to resolve the issue. The allegation that we are not answering her phone calls or returning her phone calls is completely false. We have been in contact with her constantly while this BBB complaint process has persisted. In fact the attached email indicates that we have been very quick with our responses to her and that she does not have time for this. Our Customer Relations team is very busy and sometimes they do not have the ability to answer all calls that come through; however, they always return all voicemails within 24 hours. In reference to the complaint about the salesman, we are a little confused. The only person that has the ability to “fire” someone for unethical behavior is our corporate office in regard to an employee’s behavior. This specific agent was an independent agent of MSD out of the Tampa office. We were not aware of any unethical behavior on his behalf; otherwise, we would have terminated the agent’s contract, thus no longer allowing the agent to do business with us. I have spoken to the agent’s owner referenced in the complaint response, and he indicated that he never stated his independent agent was terminated for unethical behavior and that ****** ******* actually decided to no longer sign deals for MSD on his own. He was not “terminated for unethical conduct” as indicated by the merchant in her complaint response. Also, the merchant alleges that we have hidden contract provisions as her defense for why she signed the contract. However, in her response to the BBB and her email correspondence to our Customer Relations team, the pages that indicate the word “contract” are different on both communications. She also indicated that she never reviewed the documents, just signed them and that the agent did leave a copy of the contract with her at the appointment. Her story has many inconsistencies. This merchant has done nothing but bad mouth our company to the public. Unfortunately, we have done nothing but attempt to help her in the background. At this time, we are no longer interested in saving this account as they have made it clear that they do not wish to do business with us. The email communications we received from this merchant contradict her statements and therefore we must side with our agent on this. If the merchant wants to cancel their contract, they need to complete the cancellation form and return it to Customer Relations. I have attached the cancellation form to this email. Please have this merchant return the completed form to Customer Relations via fax at: ###-###-####. Thank you for your time ****, but unfortunately we are no longer in any position to make any concessions for this merchant. We will not be waiving the ETF on this contract either. It is really unfortunate that merchant’s continue to bad mouth our company publicly when we have done nothing but attempt to help them. 


***** *******

Senior Human Resources/Legal Administrator
###-###-#### Ext. 140 | Direct: ###-###-#### Fax:  ###-###-####

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

5/29/2013 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I called at the end of April and spoke with a ******* ***** about my account, after sending me a form stating "savings" for my business. I selected not to use the bank card services of Merchant Services Direct anymore and proceeded to close the account with *******. Verbally , over the phone I informed her that I wanted to close my account as of the end of April 2013. I was told that the co. would be sending a p/up for my verifone machine. After about a month of waiting for the pick up I called *******. She advised me that I had not cancelled the account and she had no record of our conversation. Now a month later she tells me that they never send pick ups and that I needed to return the fax cancelling my acct. Which I did, again. A few days later I called again wanting to know if she had received my fax. Her answer was no, I then asked her why she had not followed up with my request and again she said she had no record of a fax being sent. I told her that I had succesfully sent a fax to her, she at this point asked me if I was confused. Now a week later I still have no reply from *******, so I call again !! She had no fax from me , then all of a sudden yes ! she did get a fax but it's blank. RIGHT ! Now I again fax the cancellation form and call this morning with no reply from *******. In the meantime I get another bill for nonuse of their services- WHAT ? I AM TRYING TO CANCEL THIS SERVICE, THANKYOU .This is why there is no activity on the account. I now call my bank and they inform me that this company is fraudulent and that several businesses in town have been ripped off. Please help me get a refund from this obviously fraudulent company and help other unsuspecting business owners from making the mistake that I did.

Desired Settlement: 4/3/2013 5.95 charge for billing me for nonuse of acct.4/31/2013 34.95 charge for not using the services of Merchant Services Direct which I have cancelled ! 5/3/2013 5.95 charge for billing me for nonuse of acct.5/7/2013 20.00 charge from my bank Gunnison Savings and Loan for the stop payment to Merchant Services Direct. Total $66.85

Business Response:

Hi ***** In regard to the complaint # listed above, please accept this email as our formal response. This complaint was thoroughly investigated by obtaining all correspondence, review of all notes on iPayment and MSD CRM systems, transcription of recorded calls, and a timeline of events. Since the merchant accused our Customer Relations department of not following through with their promises, we wanted to ensure that we did manage the account thoroughly. After the investigation was complete, we determined that we have done everything possible in an attempt to retain this merchant’s account. The merchant account was live and active for a year prior to the merchant choosing to close her account and switch to Square. iPayment assisted the merchant in batching out on a few occasions throughout the year. To date this merchant has received a total of $91.42 refunded back to her in an effort to retain the account. The merchant was expected to have her rates adjusted so that her fees would be more suitable to her processing needs in March 2013; however, the merchant never returned the form necessary to decrease her rates. Our Customer Relations Supervisor even followed up with her a week later when the form was not received (left a voicemail). Notes on the CRM for iPayment indicated that iPayment had similar issues with the merchant in regard to her not being able to receive certain communications just as we had experienced with the merchant. There was no contact from the merchant between 3/20-4/25 and therefore the account and the rates remained unchanged for March and April. Had the merchant returned the required documentation to lower her rates, she most likely would have stayed with MSD. The merchant claims to have sent in a cancellation form earlier than when we received it for processing on 5/7/13; however, we never received the form prior to 5/7/13. The cancellation form is required to cancel the contract on merchant processing accounts. Unfortunately, at this time, we are not willing to offer the merchant any further refunds on her account as we have done everything possible to attempt to retain the account. The account was closed as of 5/8/13 with a waiver of the ETF. 

Thank you, 
***** *******

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

5/11/2013 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I was concern about two things before i sign with this company. First one is about "Next day Funding". Second, save a $500-$800 per month. Their Sale representative's(her name is ********* *****) got my word and stated me that guaranteed Next day funding, lowest cost and save a $545 per month then, I signed up with them. Since service started, there was no "Next day funding" so i called the customer service and ask about the funding. CS advised me a change the batch closing time on terminal. so i did, but i got only small amount anyway. After the one month tried out with them and i reviewed the statement and think it looks wrong. She said and wrote that i can save money $545 per month to compare previous company, but i paid around 3% per transaction that base on total sales amount which means $0 i saved. She lied to me. nothing better at all. She could't keep her word. She also didn't give me a copy of application when i sign up. many things screw me up.

Desired Settlement: 1. contract needs to be canceled without penalty.2. reimbursement for the programming fee $1953. money back to me that she guaranteed $545 save per month

Business Response:
This email is in response to the complaint referenced above. Please accept this email as the formal response from MSD regarding this matter. 

We were surprised to have a complaint from this merchant due to the recent activity that was processed on the account at the time. We apologize for the delay in response, as we thought the merchant would close the complaint once they received verification from us that their requested changes had been processed on the account.
The agent on this account, *** *****, was very thorough with the merchant in having their account reviewed after their statement was sent out at the end of March. She agreed to meet with the merchant to go over everything and in turn the merchant agreed not to file a formal complaint against MSD. Kim received a voicemail from the merchant to stop by their
 establishment to discuss the account on Friday, Saturday, or Sunday (4/12-4/14). Kim stopped met with the merchant on Saturday the 13th of April to discuss the account. The agent assured the merchant that she would get their fees lowered and work on the zero day hold. On Monday morning, she called MSD and had the rate changes and zero day hold processed. That same day we received a complaint through the BBB from the merchant, as well as through our website portal. 

Although the merchant did not follow through with their end of the agreement by not filing a formal complaint against MSD, we still lowered their rates per the agent’s request. This merchant’s rates were lowered and several fees on the account were lowered as well. These changes were officially processed through the bank on 4/25. 

Please have the merchant verify that their concerns were handled according to what the agent had promised. If the merchant is still unhappy with the service, or has additional concerns that the agent was unable to assist them with, please let us know.  

***** *******



Senior Human Resources/Legal Administrator
###-###-#### Ext. 140 | Direct: ###-###-#### Fax:  ###-###-####
www.MSDMerchants.com

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

5/1/2013 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: On 3-7-13 ****** from merchant services came in the salon and was offering a credit processing service for 30 to lease the machine and 45 was the total bill including all fees and the machine lease, no start up fee. i was hesatant to change companies but she was saying how much i would save and it also had a tip line and the money would be put in my account the next day. Well on 4-2-13 they took 28.37 out of my account and for the lease machine they took out 92.50. i called and ****** the manager told me that theres no way she told me that price so i called rachel herself and she said yes thats what she did quote me and that i would get a refund i guess she called her manager cause she called and informed me that they still wont give me the price i was told when signing the lease and i asked to cancel i was told i couldnt canvle without paying 350 to cancle the lease with the machine and that wasnt including the fee to cancle with them i told her i wasnt given what i was told and she said she was sorry that is was a math error on rachels part and that all they could do is lower my bill to 75 a month or i would have to pay all fees. this would have been on the 2nd still in the month you are alowed to cancle. So over the weekend i heard by law they have to let you out of contract with in the first month so i called on the 7th the last day to cancle and it was sunday no answer i called today on the 8th and they said a contact is a contract no getting out of it even with in the first month period. i think this is unfair and if you get something it should be what you was told you was getting. if they messed up and couldnt grant it then i should be let out of the contract on terms they messed up and quoted something they couldnt uphold. So now im stuck paying who knows how much 350 from northern leasing and a couple more hundred from merchant service.

Desired Settlement: this is a small business i make enough to fight them on this and i dont make enough to pay the canclation fees they want from me. they new i was a small business and came in saying how every penny counts for small businesses they new i dont have the money to fight this is a fraud and i hope that no one else has to go threw what they have done to me

Business Response:

This matter has been resolved with the merchant directly. We attempted to keep her as an active customer by resolving her issues with savings that were quoted to her originally; however, she already decided to move on to a new company and chose to cancel her account.  The agent on the account was sad to see her go and in an effort to end the relationship on a positive note, the agent waived her $350 ETF in full. The merchant has already submitted her cancellation form and it will be processed today. It is unfortunate that this merchant decided to leave us; however, we wish her the best of luck in her future endeavors.

 Thank you,

***** *******
Senior Human Resources/Legal Administrator
###-###-#### Ext. 140 | Direct: ###-###-#### 

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I accept the offer if every fee is dropped like promised in our phone call including the fees from Northern Leasing that were 1100+. complaint ID 9495843,
Regards,

****** ******




Business Response: Hi ****,
 Please let this merchant know that indeed we are honoring what was discussed with ******* ***** over the phone on 4/16. All charges for the lease and the merchant account are dropped.

Thank you, 

***** *******

Consumer Response: [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9495843, and find that this resolution is satisfactory to me. 

Regards,


****** ******



BBB's Final Determination: Consumer accepted resolution offered by the business.

3/6/2013 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: When I first signed up with ******* ***** I was told that this was a month to month contract..I was very specific about this as I had other problems with contracts before and would not sign a contract and that was my requirment. ******* said we have no contract and you can cancel any time and we give you free equipment, will never raise prices and we guarantee the lowest price in the industry and if you get a lower price we will lower our price. He also said that he would waive the yearly renual fee of 199. ******* also said that he had a deal for online payments, I said I do not do business online and he said this program is so much more and there would be a setup fee of 600.00 but the next day I checked into the program that he was talking about and discovered that is was only indeed for online payment. I contacted ******* and he said that I did not understand all that the program could do and that the check was allready cashed and this was part of the program and would not refund my money. The check had not been cashed becaused I checked with my bank and after that he cashed my check. I also was not told there would be a 10.00 gateway fee I called to discus that fee and was told because I did not use the program that they would stop the fee and reienburse me for fees allready taken from my account. That did not happen. I called this morning to cancel my account and was told that I could not. I asked to talk to a manager and was told this was a process that they would have to contact the manager and sales rep themselves and they would get back to me. I was told that I would have to pay a 250 cancelation fee. this is outrageous I want out of my contract with no fees and reiembursment for the 199 anual renual fee. and why a renual fee if on a contract that you cant suposidable cancel? They just out and out lied.

Desired Settlement: My contract needs to be canceled with no penalty and reienbursment for the anual renual fee of 199.00 Also reiembursment for the 10.00 monthly gateway fee that was promised and 600.00 for the program that I asked to be canceled but ******* ***** refused and did not.

Business Response: Dear ****,
 
This email is in response to the above referenced BBB Complaint. Please accept this email as our formal response to the BBB complaint submitted by ******* ******* on 2/12/13.
 
This merchant account has been set up since April 2011. This merchant has called in to iPayment several times throughout the years to resolve some technical troubleshooting issues; however, she never complained about the setup fee until she was unable to complete the PCI compliance training. The Payment Card Industry mandates this training to be completed for each merchant account; however, the merchant has been told by another provider that they do not have PCI fees. 
 
It is unfortunate that this merchant wants to cancel, especially since this merchant will more than likely run into the PCINA fees with the new processor as well. However, at this time the only thing MSD is willing to do is cancel the contract with a waiver of the ETF. We are only willing to waive the ETF in an effort to end this business relationship on a positive note. Due to the amount of time that has lapsed on this account without a complaint regarding the setup fee, we are unable to refund those fees. Also, the $10 gateway fee is not something that we are able to waive also due to the amount of time that has lapsed on the account.
 
In order to cancel this account, the merchant will need to complete the attached cancellation form and return to our Customer Relations Department via fax at ###-###-#### by noon Tuesday, February 26th, 2013. The merchant will also need to return the terminal within 30 days in order to avoid the Unreturned Equipment charges. Please return the terminal to MSD at:
 
Merchant Services Direct, LLC
*** ** ******** ***** *** ******* ******* ** *****
 
Please advise if this is an amicable resolution to this matter. We appreciate your business with MSD and hope that this resolution will suffice to resolve this complaint.
 
Thank you,
 
***** *******

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

1/23/2013 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: This company lied to me and said they were my curent credit card prossing company and that i needed to sign some papers because some laws have changed ,she didnt let me look them over just told me wear to sign and i ended up signing up with them when i thought i was just updating my info and they wont cancell me without me paying $350 for a cancelationand they sent me a bill for $35 for what i have no idea i have nothing from them and have never used their services.I had no idea they were a different company and when i looked them up with the BBB i saw im not the first person they have lied to and now i need to see if you can do anything about their fraud.the have a 10 day cancellation but told me i cant use it but i found out about the fraud 3 days after it happend Thank You, *** *********

Desired Settlement: I want them to cancell me and stop sending me bills for a service i didnt want and never used and i do not want to pay them anything

Business Response: Dear Joel,
 
This email is in reference to the above referenced BBB complaint. We have thoroughly investigated this account by contacting the agent, reviewing all notes from accounts, call recordings and emails. Please accept this email as our formal response to the above referenced BBB complaint.
 
Although the $350 ETF was originally denied by our Customer Relations team, after a more thorough review of the account, we have decided to waive this merchant’s ETF. Although we weren’t able to find any evidence that the agent did in fact tell this merchant they were from their current processor, we are still willing to waive the ETF as a courtesy to the merchant.
 
In order to close this merchant’s account, we need them to complete the attached cancellation form and fax it to Customer Relations at ###-###-#### before COB 1/22/13. We will attempt to get the account closed before month-end fees hit from iPayment; however, since it is so close to the end of the month, it is possible that iPayment will still charge them. In the event that occurs, please notify Customer Relations at ###-###-#### and they will request refunds from iPayment.
 
We hope this offers an amicable solution to this merchant’s BBB complaint. We apologize that they had to go through the BBB to get a resolution. Often account issues such as this take a little more investigation than what our Customer Relations team is able to do.
 
Thank you,
 
***** *******
Senior Human Resources/Legal Administrator
###-###-#### Ext. *** | ###-###-#### 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9368281, and find that this resolution is satisfactory to me.  But they sent me the responce on 1/22/13 and gave me half a day to respond today is 1/23/13 and i will be faxing today you cant give someone half a day to get a fax sent expicaly since i work till 5 and cant fax untill today

Regards,


*** *********



BBB's Final Determination: Consumer accepted resolution offered by the business.

1/19/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We were contacted by phone to set up an appt. with representatives from this company to see if we could save money on our processing fees. After I showed the representative my processing companies statements, we were told that we could save at least 20.00 a month. We do not process a lot of credit cards since we have cut back our retail business. They were supposed to have better rates for small companies like us because of some act that allowed them to. Nice enough salesman. However, there was never a 3 yr. contract mentioned. I asked him if we didn't like it could we quit and he said no problem. All we would be required to do is send the machine back. I had tried repeatedly to call the salesman who had given me his personal card to no avail. Then I called the direct number and they tried to sign me up with a different agreement. I decided to quit this processor and called again to let them know. They did fax a close account request form of which I signed and faxed back. I received a letter where to send the terminal back with a phone number to call. At that point in time is where I learned that they were charging me 350.00 to cancel the contract. I did not receive a copy of the so-called contract. The salesman kept explaining what the pages were as I was signing. The lady I was trying to explain my side to said that salesman was no longer with the company and she could do nothing about the charges. This company had been charging extra charges of various amounts all along. That is the reason I decided to opt out. The charges were way more than what I had been paying. We were totally misinformed by their representative.

Desired Settlement: I would like to see a copy of this contract and I would like to make sure it gets null and void. After all they have access to my bank account. They have already deducted the 350.00 of which I do not feel I owe at all and would like it refunded.

Business Response: Dear ****,
 
This email is in response to the above referenced BBB complaint. We have contacted the agent involved on the account and he has offered to refund this merchant’s $350 ETF as a courtesy. In order to do this, we need a copy of the merchant’s bank statement before we can refund the full $350 to the merchant.
 
In an effort to address each of the merchant’s concerns, I will address the allegations and the conclusion of the investigation on this matter. First, this account was not set up as it normally would have been. This merchant was a referral to the agent (**** ******) by a different business owner. When this happens, the agent doesn’t need to go out to their place of business to have the merchant processing application completed. In this instance, the merchant completed the application on his own and not in the presence of the agent.
 
Second, the agent did take a temporary personal leave, but he is now actively submitting deals with MSD again. We were able to get his side of the story and he maintains that the misinformation the merchant had was not intentional. If he had been able to meet in person with the merchant, he would have been able to go through the full extent of the contract terms and answer any questions on the spot. When an in-person agent meeting does not happen at the onset of an account application, it is reasonably expected that the merchant thoroughly reviews the contract and asks questions if they need clarity before they sign the agreement. There may have been some miscommunication that did not permit this to happen.
 
A copy of the contract is attached to this email per the merchant’s request. As mentioned above, the agent is willing and able to refund the $350 to the merchant; however, we need a copy of the merchant’s bank statement showing the charge to send to iPayment before the refund can be completed. Please send a copy of the bank statement reflecting this charge by January 15th, 2013 to Customer Relations at ###-###-####.
 
Thank you,
 
Have a great day!
 

 ***** *******

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

1/7/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: When I spoke with **** ****** from Merchant Services, he had told me that he can give me a better rate than ****** **********, I had told him I was still under contract with ******. I advised him if he could cancel my contract with ****** and don't get charged an early termination fee that I would change company's. He comes back a week later and tells me that he took care of it and canceled my contract and he transferred all the information to Merchant Services. Then I find out that he didn't cancel anything,and now I'm getting charged from two different merchants. At this point i feel like he just lied to me to just sign a new contract. I have called him numerous of time at ###-###-####, left messages and till this day no return calls.Also I have called at the the ###-###-#### nobody can tell me whats going on or, I'm on hold for more that 30 minutes then the phone gets disconnected.

Desired Settlement: Iam requesting for Merchant Services to cancel my contract with ****** ********** Group and to refund 37.14 for the month of November and 30.05 for the month of October that I got charged for. Or for them to transfer my information back to ****** ********** and Merchant Services can refund my monthly fees from the time i spend with them.

Business Response: Dear Joel,
 
This is in response to the above referenced complaint. We have researched our records, consulted the agent involved, and have listened to call recordings. Please accept this email as our formal response to the above referenced BBB complaint.
 
There are a few issues here and I will address each individually. 1. This merchant states that **** allegedly offered to cancel her contract with ****** **********. 2. This merchant also alleges that **** came back to verify that he had taken care of her other account with ******. 3. This merchant alleges that we were not able to provide her with better rates than ******. 4. This merchant feels that **** lied to her to get her to sign up for the account. 5. This merchant claims to also have communication issues with MSD and/or the agent.
 
We have consulted **** ******, the agent who originally signed this merchant up on 9/18/12.  He states that during the meeting the merchant indicated she was with ****** but was unsure of whether she was in a contract or not. She was supposed to check with ****** on whether she was in a contract or not while the approval process was completed with our bank. **** returned to her establishment a week later to get her voided check to set up the account but not to tell her that he got her out of the contract. She did not have her checkbook at the initial meeting on 9/18/12.  The merchant did not mention to **** at this time what she figured out with ******. He assumed that she took care of it and/or she found out that she was not in a contract with ******. There was never a conversation on the 2nd visit about her previous contract with ******.
 
Our agents must adhere to the MSD Code of Ethics and committing to cancel a merchant’s previous processing account is strictly prohibited. Since our agent does not have a previous record of merchant complaints regarding this issue, we must go with our agent’s statement.
 
In regard to the issues this merchant has had with communicating with MSD, this merchant called into iPayment several times to go over when she would receive her terminal, fees, refunds to customers, etc. However, she never returned our Customer Relations Representatives calls. Our records indicate that our Customer Relations Department spoke with her when she was initially set up and everything was going great. At that time, ******* ****** sent the merchant a Welcome email with her contract and *******’s contact information. This email is attached. ******* also mentioned on the call for the merchant to call us at MSD to solve any future issues she might have. This is the busiest time of year for us here at MSD, and we have been experiencing some dropped calls. Therefore, it is possible when she was transferred to us by iPayment in December that her call may have gotten dropped. Calling MSD directly would have ensured she was taken care of.
 
Additionally, our records indicate that another Customer Relations Representative (********) called the merchant three times in October to ensure everything was going well for this merchant.  During this time, the merchant called iPayment to ask where her terminal was, but never returned ********’s call. Also during October and November, this merchant continued to call iPayment to discuss her statement, but never called in to MSD to get help with her account. On 12/3/12, iPayment transferred the merchant to ***** to discuss fees and do a rate review; however, the statement was unavailable to us until December 6th. ******* asked the merchant if she could schedule a follow up in a few days with her entire statement already reviewed and present some options. The merchant happily agreed. ******* called to follow up with this merchant on three separate occasions to complete the rate review and to get the merchant on the Micro Merchant Program, but this merchant never returned her calls. See attached calls ******* had with the merchant for your review.
 
Unfortunately, it is not our policy to pay fees from other merchant companies. We will issue refunds on the MSD account if we determine there to be any type of misrepresentation or errors on MSD’s  part; however ****’s statement is completely different than the merchant’s. In addition to this, it is clear that the communication on MSD’s part was more than enough to help this merchant; however, we cannot force merchant’s to call us back to resolve their problems. If the merchant had called us back we would have put them on the Micro Merchant Program which would drastically reduce their monthly fees.
 
We will not be issuing any refunds at this time; however, in an effort to retain this account, we would like to put this merchant on a special program called the Micro Merchant Program. Please give our Customer Relations Department a call at ###-###-#### directly at to discuss the program in more detail.
 
We hope this offers an amicable solution for this merchant’s account as we do value their business and hope they decide to keep their account.
 
Thank you,
 
Happy Holidays,

 
***** *******

Consumer Response:
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9333245, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.


I spoke with Merchant Services on 12/26/2012 and they basically said that there wasn't anything that the could do in regards with my previous merchant provider. That they were basically were believing what  **** ****** was saying, and that they couldn't take my word, like if I was making up everything i was saying.They are going to charge me $350 to cancel my contract for not liking how they do business and treat their customers. If that's how they treat their customers I wouldn't like to do business with those kind of people. I would like to thank BBB for trying to help but with Merchant Services first comes employees word then comes customer services.

Business Response: Hi Joel,
 
In response to the merchant’s reply submitted 12/27/12, we would like to submit a response prior to full closure of this complaint.
 
The merchant has not submitted the cancellation form and the account remains open at this time. They will continue to be charged monthly fees until the attached form is completed and faxed to Customer Relations at ###-###-####. They must also return their terminal to the following address within 30 days in order to avoid the unreturned equipment fee:
 
Merchant Services Direct, LLC
*** ** ******** ***** ***
Spokane Valley, WA 99212
 
Also, when this merchant spoke to ******* ***** in Customer Relations on 12/26/12 the merchant was informed of the few options mentioned in the original response to the complaint. We offered to have the merchant keep her account and be put on a special program at a reduced fee in order to keep her business. It is unfortunate that the merchant has decided to close the account anyway.
 
Please let me know if you have any questions.
 
Have a great day!
 

 
***** *******

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9333245, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I understand that they were offering to lower my monthly fess, but they couldnt do anything for my previous merchant provider. Either way I was screwed both ways if i cancel Merchant Services or ****** ********** i was going to get charged a early termination fee, and thier lack of helping a "customer" out I decided to stay with ****** **********. ****** Managemtn is charging me more on my fees, but at least they were upfront on what they were going to charge me from the beginning and they didnt put what they felt like it on my contract they actually asked me questions . For example my company isnt a sole proprietor its and LLC and my company hast been open for 3 years its been open for 1 year and my business hours arn't from 10:30-6:30 he got that information from the door from when we first open my business my actual hours are from 10-7 mon - sat and on sun 11-5. And theirs no way I can make 20,000 in sales if my company has been open for ONLY 1 year. But again that's my faul for not looking over a contarct and its Shea  Dozier fault for not asking his customer those important questions, instead he just pull information from his ass. But Merchant Services doesn't have to worry I will send them the cancelation form and their equiptment and their 350.00  when I'am able to come up with the money for canceling "my contract". And I will send my contarct to somebody else because what I think (but not sure) their doing is illegal most of the information on that contarct isnt true. But in the mean time I'am stuck with them.
Regards,

***** ****** 




BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

1/7/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We received a visit from a Merchant Services Direct sales rep on 11/8/12. At the end of the sales talk he filled out an "application" to use MSD's equipment and services. He told us that he would get back to us within a few days to let us know if our application had been approved and would bring the equipment and a contract with him.He told us we were NOT signing a contract and were under no obligation at the time we filled out the application. He further informed us that there would be no lease attached to the service and stated:1. This was not a contract, but only an application for account approval.2. Contract would be a month-to-month contract with no penalty for termination.3. He waived several fees, though we did not get a copy of the application, so I cannot say for certain what fees were to be waived.4. He requested a voided check to facilitate the approval process.After about two weeks, we had not heard from the sales rep, so we went with another credit card processing company as we are unable to operate as a business without credit card processing.On 12/4/12 we received a package from MSD containing a credit card processing machine and a "Congratulations" note - we had been approved.I immediately called customer service and spoke to a representative who informed me that they had a signed contract with a 3-year lease in our name. I told her that we had never signed a contract and had heard nothing from the sales rep. She then informed me that the sales rep was no longer with the company and that she would contact his supervisor to see if he had done this kind of thing before and said she would call me back. I spent over an hour on 12/11/12 attempting to contact someone at the customer service number and spent the entire time on hold. I attempted to send an email to the company and received the message "Send Failed" (3 times).To break it down:1. We are being charged for a service/equipment we do not want, did not order, and have not used.2. We were told information being collected was to apply for acceptance for an account and not a contract.3. It was explained that the contract would be a month-to-month acceptance and could be terminated without penalty. 4. We did not receive any copies of the paperwork the sales rep completed.5. No one ever showed up to complete a contract, hook up equipment or anything.On December 11 I spoke with ******* ******, who also insisted we had signed a contract. He was to email us a copy, but has not done so. I attempted to contact him again on December 12 but had to leave a voice mail. He has not returned my call.On December 12 I received the following email from the first representative I had spoken to: "I just wanted to get in touch with you because I have tried calling 3 times and still have not reached you. I wanted to let you know that I spoke with my Manager regarding the Early Termination Fee waiver. Unfortunetly we are unable to waive that because there are no former complaints against this agent for submitting a contract without authorization, and because you had in fact signed the contract. I am terribly sorry about this, and I really did try my best. Please let me know how you would like to move forward. We have two different options available: " We can cancel the account with the $350.00 Early Termination Fee. " Or, we can put you on the Micro Merchant Program. Basically what that is, is for business that process under $3500/month. Since you are not wanting to use our terminal and using your other processors, all you would pay per month is $8.55. So rather than paying $350 ETF up front, you would pay the $8.55/month and the total amount that would equal to after the 3 year contract has ended would be around $299.25. All we would need to do, to get you to do that is you would need to process one credit card on the account even for $1.00 just to show that you are processing less that $3500/month. Once we do that the very beginning of January I would send you over the Micro Merchant Program Document, and we would get you on that. "Please let me know how you would like to move forward, and let me know if you have any questions. Thank you ******. I hope you have a good day." Today (12/13/12) we finally received an emailed copy of the original Merchant Processing Application. In the "Lease" area nothing has been filled in, nor did I initial it. Where the bank is supposed to sign to complete the agreeement, there is no signature and no date.

Desired Settlement: Cancellation of this contract/request for account approval without penalty (including the $350 first-year termination fee).Company-paid postage for return of unused equipment.

Business Response: Hello *******/******,
 
This email is in reference to the BBB complaint you submitted against MSD. I realized after sending our response that the BBB staff is out of the office until January 2nd and this is a time sensitive matter. Here is our response to the BBB complaint:
 
“Although the $350 ETF was originally denied on this account, after a more thorough review of the account we have decided to waive this merchant’s ETF. Although we weren’t able to find any evidence that the agent did in fact tell this merchant they were only signing an application and not a contract, we do recognize this account took an abnormal amount of time to get set up. It appears this account took over 30 days to set up. Accounts are usually set up within a few weeks. Due to the amount of time it took to get this merchant’s account set up, we understand that business must go on. This merchant made the business decision to move on to a different processor because they hadn’t heard from MSD in a month. Due to this reason only, we are offering to close her account with full waiver of the $350 ETF.
 
In order to close this merchant’s account, we need them to complete the attached cancellation form and fax it to Customer Relations at ###-###-#### before COB Friday 12/28/12. We will attempt to get the account closed before month-end fees hit from iPayment; however, since it is so close to the end of the month, it is possible that iPayment will still charge their fees. In the event that occurs, please notify Customer Relations at ###-###-#### and they will request refunds from iPayment.
 
We hope this offers an amicable solution to this merchant’s BBB complaint. We apologize that they had to go through the BBB to get a resolution. Often account issues such as this take a little more investigation than what our Customer Relations team is able to do.”
 
Please complete the attached form and either fax it to the number mentioned, or email it to me. Emailing the form to me might be a better solution so that I can ensure the ETF is waived and attempt to block any fees from hitting your account.
 
Let me know if you have any questions.
 
Happy Holidays,

 
***** *******

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9336406, and find that this resolution is satisfactory to me. 

Regards, 


******* *******




BBB's Final Determination: Consumer accepted resolution offered by the business.

1/2/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Merchant # 4*********062246Body and Soul Therapeutic Massage I am writing this e-mail to inform you of my disappointment with this company. I am continuously getting charges that seem fishy to me. Now I have been getting a charge of $14.95 for supposedly having a different name than my business name. Well I have not changed anything and they set it up? This is ridicules. I have been getting this charge for months now. My business is well below $5000 of CC use a year. Why do I pay a PSI fee for such a small yearly processing amount? I should only have to take the survey only. I feel this company is stealing from me by charging me fee's that I do not need to pay or should pay. My charges from this company are more than my credit card deposits. I also was told that I could cancel at anytime because my concern was that my business needs would change. Come to find out I am in a contract and in order to cancel I am charged $350. I was told" well I have bad news for you, if you would like to cancel it will cost you $350. I was told by the rep who signed me up that I would NOT be in a contract. Every time I talk to their customer service I feel I get mislead.I was also told over the phone, by their customer service, that because of my low yearly processing the PCI fee could be waived if I allowed them to raise my transaction fee. I was told that your company had a special deal for customers that have low processing amounts. But when I researched PCI regulations, your special "deal" is not so special. They are scamming people into charging them more on their processing by making them think they are saving money on the PCI fee.

Desired Settlement: I want out of my contract with these guys,which I feel I was scammed into signing.Sure I should of read the fine print but I believed my sales rep when he stated I would not be in a contract. I feel they should pay me back all of their fee's they have charged me for the last year. Also all overdraft fee's that I received because of surprise charges which came to around $70. Plus all the $14.95 charges they have charged me for some messed up name on my account, which they should of taken care.

Business Response: Dear Joel,
 
In reference to BBB Complaint ID#: 9286820, please accept this email as MSD’s response. We have reviewed the merchant’s complaint, investigated the past activity on the account, and have explored several options to assist this merchant in an amicable resolution to the complaint.
 
There are a few issues on this account. #1. This merchant should be on the Micro Merchant program because they are paying more fees per month than they are processing. #2. They will be hit with a $350 ETF this month for cancelling their account. #3. This merchant had a tax issue wherein they were charged $14.95 per month since the inception of this account because their business name did not match the TIN on the account. #4. This merchant did not call in to express their concerns on the account for almost a year.
 
This merchant sent in a cancellation form to iPayment on November 1st and will be charged the $350 ETF by the end of November, if we cannot reach an alternative resolution. The last contact MSD had with this merchant was at the end of October. At that time, our Customer Relations Supervisor ******* ***** was very helpful and attempted to assist the merchant with all issues identified above. ******* informed the merchant about the Micro Merchant program in an effort to lower this merchant’s fees so that they could continue processing cards in a program that more closely matched their processing volume. ******* also explained how the fees will work on the micro merchant program, quoted the merchant regular monthly savings, identified and explained the TIN issue, and transferred the call to Billing at iPayment to take care of the TIN issue. Prior to the transfer, at the end of the call, the merchant told ******* that she would think about the Micro Merchant program and give MSD a call back when she reached a decision. The merchant did not call MSD back to work out a resolution on the account but instead filed this BBB complaint and sent in the cancellation form to iPayment.
 
We would like to make one last effort and try to retain this account by setting them up on the Micro Merchant program.  Assuming the merchant was able to take care of the TIN issue with billing, if the merchant switches to the Micro Merchant program they could save $11.45 per month. I have attached the details of the Micro Merchant program and the CIT they need to sign and return to us to start the program. This is a special deal that we have worked out with the bank in an effort to make this service more affordable to our merchants and is highly recommended for this merchant. If they want to switch to a free placement terminal, instead of wireless, they would save an additional $9.05 per month.
 
Unfortunately, since this merchant did not call in for almost a year to discuss their concerns on the account, we are not in a position to offer any refunds at this time. We would like to retain this account and allow them to process cards at their leisure, without having to pay the high fees that are currently on their account. If the merchant acts quickly by agreeing to keep MSD for their processing services, signs the attached CIT for the Micro Merchant Program, and returns it to MSD, we might be able to stop the ETF from being charged on the account.
 
Please advise if this is an amicable resolution on this account. Thank you for your time.
 
Sincerely,
 
***** *****
Merchant Services Direct
Operations Manager
****************
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212

Consumer Response:
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9286820, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.


To whom it may Concern

Quote from MSD ( This merchant had a tax issue wherein they were charged $14.95 per month since the inception of this account because their business name did not match the TIN on the account. #4. This merchant did not call in to express their concerns on the account for almost a year.)   

 First it is not my fault the business name did not match the TIN, I never set this account up in their computers, they did. I do not see the justification in charging me a fee because they put in the incorrect information. I never called them because I was busy with my business and trusted that they would not charge me fees that I should not need to pay. Just because I did not noticed the charge for almost a year does not mean now that its alright. What it means is for a year I was charged fees that I should not have been paying. Also I was not charged since the inception of the account, this charge started around July 2012. Why all of a sudden would my name be different? I never did anything different. I do not understand why MSN would say I was paying this $14.95 fee the whole time? I have looked at my statements and I most diffidently have not payed this fee the whole time. The fees started to appear on my statements around July.

Quote from MSD (This merchant sent in a cancellation form to iPayment on November 1st and will be charged the $350 ETF by the end of November, if we cannot reach an alternative resolution. The last contact MSD had with this merchant was at the end of October. At that time, our Customer Relations Supervisor ******* ***** was very helpful and attempted to assist the merchant with all issues identified above. ******* informed the merchant about the Micro Merchant program in an effort to lower this merchant’s fees so that they could continue processing cards in a program that more closely matched their processing volume. ******* also explained how the fees will work on the micro merchant program, quoted the merchant regular monthly savings, identified and explained the TIN issue, and transferred the call to Billing at iPayment to take care of the TIN issue. Prior to the transfer, at the end of the call, the merchant told ******* that she would think about the Micro Merchant program and give MSD a call back when she reached a decision. The merchant did not call MSD back to work out a resolution on the account but instead filed this BBB complaint and sent in the cancellation form to iPayment. )

If ******* was so helpful I would of never filed a complaint, I never sent any cancellation form to ipayment in fact this is the first time I have ever heard this.  As far as their customer service, I felt like it was one brush off after another and so why bother. There was always an excuse which was so complicated I never understood. By the time I was finished I was more confused than ever. I did think about the Micro Merchant Program and found out that this program is not so special and I should of been on it originally. There are alot of merchants on this same program and they never have to pay the PSI fees, because of there low credit card sales. Their PCI compliance is to watch a video only, no $300 fee a year. This is their job to know this stuff. I feel I have been taken advantage off by this company. 

Quote (Unfortunately, since this merchant did not call in for almost a year to discuss their concerns on the account, we are not in a position to offer any refunds at this time. )

 Like I said I did not call in almost a year because this all started in July, since July I was very busy and I trusted in their business not to charge me unnecessary charges. I questioned charges back in July but when they continued I felt something was not right. 

I feel that it would be fair to reimburse me for my fees just since July 2012 (since that is when this all started) and I feel in no way should I pay the ETF. I do not feel I can trust this company. I do not feel I am asking for anything other than what is owed to me. I do not want to continue on with this company. I think it is fair for me to send them back their equipment and for them to reimburse me my fees since July of 2012 with no ETF fee. It is Nov 26th and come Dec 1st if I receive a ETF, I will be very upset since I did not send in a cancellation form to Ipayment  and I feel I never should be charged a ETF at all.


   Regards,

**** ******* 








Business Response: Unfortunately we are still not in any position to offer any type of refund on this account. We are keeping the same position. MSD should not be liable to pay fees back to a business owner that was negligent in not properly monitoring and protecting their assets. This is why we have policies and procedures that do not allow us to give merchant’s significant refunds if they decide to close their account after a year of no complaints.
 
The TIN verification fee began in July because as of July our bank has been required to verify TIN’s for tax purposes for those merchants who originally registered as Sole Proprietors. Our bank is required by the US Government to do this. This merchant has been told several times how to fix this issue and has refused to comply. A letter was sent to the merchant on 5/22/12 requesting at least one year of tax returns in order to verify his TIN. Since this merchant originally setup their account as a sole proprietor, the TIN verification is required by law, which we charge a fee for.
 
Again, if this merchant wants to sign up for the micro merchant program, he must call in to Customer Relations to have his account reviewed at ###-###-####. If he wants to cancel, he needs to complete the cancellation form and return it to MSD (attached). The cancellation I was referring to was an email that was sent to Relationship Management on 11/1/12 by this merchant requesting to cancel the account. As per the recorded phone call from ******* sent in with our previous response, ******* was trying to be very helpful and did tell him there is a process to cancel his account.
 
Please let us know what he would like to do.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
****************MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212

Consumer Response:
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9286820, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.


I do not think it is my responsibility to do their business. I signed up with them so I would not have to worry about this type of thing. I never received any notices. I just received a notice about these fees in the mail yesterday and this is the first time I have ever seen this type of notice. I feel this $14.95 fee is a scam. How many others are getting this same fee? I bet if I do some research I will find many who are getting this fee and do not realize it like myself. This company should know the rules allot better than I do. Why, because this is their business. In the beginning they should of made sure everything was correct so down the road I would not be charged this fee.Their the ones who set me up, I had to show my business license.which has my business name on it.  In the beginning they should of known that I was a very small business and I only had to watch a video in order to be PSI compliant. I do not believe their is any special program going on with only them for business's  who have a low use rate. I have talked to many who tell me they have never had to pay these fees because they do not do enough processing. They just watch a video.  Also about sending a cancellation notice in the last message, you never said e-mail ever, you said something about me sending a letter to Ipay. This never happened.  As far as your customer service, she plainly said I would be charged a cancellation fee, period and was not concerned with the fact that I was told I would not be in a contract. I did not feel anything I said would matter. Also I did call in July to complain. I was shocked when I saw the fees. As far as this quote ( This merchant has been told several times how to fix this issue and has refused to comply. A letter was sent to the merchant on 5/22/12 requesting at least one year of tax returns in order to verify his TIN. ) I again,  never was told and would never refuse to comply, I never received a notice of any kind. I really would like to know who gets the $14.95 a mo.? I again would request these fees be returned to me, released from my contract and I do not want anything else do with this company for I do not trust them.

Regards,

**** ******* 




BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

12/26/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Merchant Services Direct is charging me a $129.00 PCI compliance fee. Before I signed a contract with them, I asked specifically if they charged this PCI compliance fee. The agent told me that if we got online and filled out the paperwork in order to be PCI compliant, that they would not charge me the fee. I did so; I have a copy of the certificate. I signed the contract, and have been happy with their service up until now. On 12/08/2012 I got a copy of my credit card statement. It had a $69 fee for PCI compliance. I called and spoke with two of their representatives once on 12/10/2012. The first was a young lady and she told me that I was going to be charged an additional $60 next month, also. Today, 12/11/2012, I spoke with a gentleman in the complaint department, at ###-###-####, ext. 273. I explained my problem, and the gentleman told me that I had signed a contract agreeing to the fee. I told him that I do not have a copy of that paperwork, and that I want to see the copy that has my signature. I also told him that their sales representative, Randy Todd, had promised both me and my husband that as long as we went online and filled out the PCI compliance form there would be no fee. So far, he has not sent me a copy of a contract with my signature. He also would not agree to refund our money.If the fee is mandatory, then the company needs to inform their sales representatives. They should also direct them to be honest and disclose this information before a client signs his or her contract.I am requesting a refund of the $69 fee, and ask that no more money be taken from our account for this purpose.I really have been happy with their service so far, so this is very disappointing. Any help resolving this matter would be appreciated.******* ******

Desired Settlement: I am requesting a refund of the $69 fee, and ask that no more money be taken from our account for this purpose.

Business Response: Dear ****,
 
This email is in response to the above mentioned complaint ID. Please accept this email as the formal response from MSD. We have thoroughly investigated this account by listening to call recordings, reading through notes, and attempting to contact the agent involved.
 
We are happy to be able to offer a solution for this merchant in hopes that they will continue their business with us for the life of their business. It is really unfortunate that they have been happy with the service up until this point as we would like to keep them happy. The PCI fee is a mandatory fee charged by the bank for IRS tax regulatory services on all accounts, unfortunately. However, the merchant mentioned being charges $63 from ****** for not cancelling her previous account a few months prior. Since the agent had allegedly told this merchant that they would cancel the account with ****** and did not fulfill that obligation, and we value their long term business, we are offering to refund $63 to this merchant at this time.
 
In order to ensure this merchant will no longer be charged the PCI annual fee, there is a program they may be able to switch to. It is called our Micro Merchant Program. Details are attached to this email; however, it would be best for the merchant to call in to speak with one of our Customer Relations Representatives in order to better assess the option of the Micro Merchant Program. You can also sign the attached CIT form and fax the form to Customer Relations at *************. The form will be processed for Micro Merchant Program consideration and you will receive notification if you are approved.
 
We really hope that this solution is amicable to our customer’s needs, as we hope to gain their business for the long run.
 
Thank you,
 
Happy Holidays,

 
***** *******

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

12/19/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: At the end of October 2012 I received a call from a Sales Representative that I thought was from the Credit card Co. that we use in the office. He said he had an updated machine that he would like to talk to me about getting for the office. I said ok and made an appointment for November 1 2012 to meet with him.At the meeting again I thought I was meeting with the Credit Card machine people that we had a signed contract with and were using at the time. He explained the contract and the services to me and I did sign the contract presented to me thinking I was signing for an updated machine for the Co. we were using. I did not know how the Credit Card Co. worked as far as updating their machines and what if any paper work was involved so I did not question it.The Sales Rep looked at the machine we were using and the only comment he made was that it was the same brand but looked a little different than the one he had. He looked at the Merchant # on the side of the machine and did not say anything about it not being their machine. I told him at that time and again before they left that I need a UPS label sent to me so I could send their other machine back to them. He told me that he would take care of it. I waited a couple of weeks and had the box ready to go and had not received the UPS label so I called and left a mess. With Customer Service that I had not received a label yet and to please call me. I did not get a call back from that message.I did not read over the paper work I signed because I thought it was with the same Co. that we were signed up with and I thought I was only updating the machine.We used Merchant Services Direct machine for the month of November because I thought we were still using an updated Machine from the Co. that we had already had a contract with. I did not question or figure out that it was from a different Co. until I went to file the paperwork away. On December 4, 2012 I called Merchant Services Direct and told them what had happened and asked if there was any way to get out of the contract with their Co. as I did not need or want two credit card machines or Companys in our office. I talked to ****** and told her that I thought that their representative did not relay well enough in the meeting that he was from a different Co. and that I thought I was updating the with the Co. that we already had a contract with. She said that she would relay the message to a Manager and someone would call me back.On December 5 ****** called and said that they would not cancel the contract, that I had signed it and had used the machine for the month of November and had received a Welcome packet and a phone call from them. I said I realized this but thought it was from the Co. we were using.I am not disputing that I signed the contract with this Co. But I do not think that the Sales Representative relayed well enough to me at the meeting that it was a completely different Co. than that I was already signed up with, because if I had known that I would never had signed the contract with them.I believe that we should be let out of our contract with Merchant Services Direct if for nothing else because I feel strongly they miss represented themselves to me at the meeting. They also filled in by my signature that I was the owner and they knew I was the office manager at no time did I EVER say that I was the owner. I also cannot remember verbatim every word that was said since it has been awhile since this happened.***** ***lOffice Manager ###-###-####

Desired Settlement: I want out of the contract that i signed and to be able to send their machine back to them.I feel that i tried in a timely fashion to get this resolved and the contract withdrawn.

Business Response: This is in response to the above mentioned BBB Complaint. We have completed our investigation by thoroughly reviewing our records, recorded calls, and we have consulted the agent who set this merchant up with her processing services.
 
The first issue to address is the merchant’s allegation that the agent did not make it clear enough that we were from a different company when she signed up for the service. At the meeting mentioned in the merchant’s complaint, the agent ***** ******* met with her for what he believed was the setup of a new account. This is the Portland, OR office owner who attended the meeting because an appointment setter scheduled the meeting for him. The appointment setter indicated it was a new account with MSD. The appointment setter has a specific script they use when they call the merchant in which they identify themselves as being agents marketing Merchant Services Direct products and services. At the meeting, Mr. ******* looked at the machine to identify whether or not it was plugged into a phone or Ethernet, at that time she asked him what she should do with her old terminal. He replied it depends on whether she purchased the terminal or not.  The merchant said she did not remember. He specifically explained to her that once our machine gets there and she verifies it is in proper working condition, she can call the number on her existing statement to find out what to do with it because it is not our terminal. He told her if she needs to send it back he would even cover the shipping. Prior to leaving the meeting, Mr. ******* left her a business card stating he was from MSD and he was also wearing an MSD polo to the appointment. If we were only swapping the machine out, we would have told her that. If she was just upgrading her existing account she probably wouldn’t have to have signed off on a new contract, provide a new voided check, tax ID #, SSN#, etc. There is no way that a person would think that Mr. ******* was representing a different company other than Merchant Services Direct. In fact, MSD has a Code of Ethics that all agents must adhere to and this is a very important value included in our Code of Ethics.
 
The second issue in the merchant’s complaint was not receiving proper communication from MSD. We apologize for the delay in communication with our corporate office. This time of year is the busiest time of year for us and we often do miss calls; however, we always return the calls that leave messages for us. Our notes indicate that we did return her calls each time she called in. Mr. ******* also gave her his card so that she could let him know about whether she needed a return shipping label or not.
 
Unfortunately, company policy states that we do not waive ETF’s unless we have determined that the representative did anything wrong, if there was an error on the set up of the account, etc. In this situation, it appears that the representative could not have done anything more to communicate to this merchant that they are with Merchant Services Direct. Based on the facts above, we will not be able to waive the $350 ETF at this time.
 
We would like to keep this merchant’s business. We encourage the merchant to call in to discuss with our Customer Relations department the different avenues of ensuring she is receiving the lowest rates possible with her MSD account. Please call ###-###-#### to discuss your account with a MSD Customer Relations Representative. If you truly want to cancel that account and pay the $350 ETF, please complete the attached cancellation form and fax it to ###-###-#### ASAP. The account will not be cancelled without this form.
 
Thank you,
 
 
Happy Holidays,

 
***** *******

Consumer Response:
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9327779, and find that this resolution is satisfactory to me.  I have sent a  close account form by fax to you dated 12/18/12. We will not be doing business with your co. and will pay the $350.00 ETF. I understand this fee will be taken out of our checking account either in Jan or Feb of 2013.Once this has been cancelled please send any labels that we will need to get your equipment back to you ASAP.The Close Account form is your form that I filled out and faxed back to you.

Regards, 


***** ****




BBB's Final Determination: Consumer accepted resolution offered by the business.

12/10/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Please see attached.

Desired Settlement: Unspecified

Business Response: The $358 charge is simply the fees and percentages for you to process your cards with us, the $5.95 fee is for the machine that we provided you.  I agree that everything in business starts with trust.  That being said I will refund the PCI annual fee $129.95 that is charged by the governing body that over sees merchant services we spoke about.  In doing this I will be paying that fee out of my own pocket to simply come to a resolution so we can move forward.  Hopefully this will give us a beginning stand point so we can move forward and start over so we can earn your trust back.  Let me know what you think.
 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9253442, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

My name is ******* ***** Id # 9253442,this is regarding the letter I recieved about the pci annual fee refund you are trying to give me.Its a good idea but its not all about the refund,my question is,once I get my refund am I going to have another over sees annual fees again or it will never appear on my statement let me know.i hope we close the case soon.thanks

Regards,

******* *****




Business Response: It appears that the person who responded to this merchant’s original complaint was not aware of how PCINA fees work. We apologize for the miscommunication. Unfortunately, the Denver Merchant Services office cannot waive the entire annual PCI fee. This is a regulatory fee set by the federal government. However, there is a solution.
 
To fulfill your obligation to become PCI DSS compliant, you are required to take the Self-Assessment Questionnaire (SAQ) and undergo scanning services of your payment network, if applicable.  In order for your company to be PCI compliant and avoid any unnecessary charges, please complete the following steps:
 
1.            Go to https://compliance.merchant-info.com/
2.            Click on the link that says “Click Here to Access SAQ and Scanning Services”
3.            The username will be your merchant ID number from iPayment:
4.            The password will be the zip code of your physical business address followed by the two-character state abbreviation (ex: 99216WA)
 
The $4.95 Regulatory Fee is charged due to new reporting requirements to the IRS, including the Housing Assistance Tax Act of 2008. This act included the enactment of Section 6050W of the Internal Revenue Code, which requires Merchant Service Providers to file annual processing volume reports with the IRS for all merchants and to file a corresponding Form 1099-K.
 
It appears from our research of the account; this merchant has had all fees, except the PCINA & regulatory fees waived on his account. On June 26th, 2012, the merchant’s batch header fee was lowered from $.20 to $.08 per batch. The statement fee of $5 was waived. The monthly minimum fee of $25 was also waived. The iAccess notes indicate that the merchant was also refunded $39 for the PCINA fee. As of to date, all fees have been lowered to below cost by accident by our affiliate company.  With that said, as a show of good faith, we will not increase these rates back up to where they should be. We are not in a position to offer any refunds on this account; however, in order to remove the PCINA fees incurred on a monthly basis, you must complete the quiz referenced above.
 
We hope that this resolves all of the merchant’s concerns with this account. We value your business and hope that you continue to process with MSD in the future.
 
Sincerely,
 
***** *****
Merchant Services Direct
Operations Manager

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9253442, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

My name is ******* (comp.# 9253442).I will take your offer to refund me the pci annual fee which is $129.95 that is charged by the governing body over sees merchant service which I never been awair we have to pay for outside the country.Anyway the only thing I will like clarification how much is the total annual fee is and when is going to stop eventhough you said you trying to help me by splitting the fee everymonth

Regards,

******* *****




Business Response: This BBB complaint has been reopened by this merchant stating that we offered to refund him $129.95; however, the Denver Merchant Services office that you originally sent this complaint to actually initially responded to this complaint. As stated previously, the refund of the $129.95 is not possible and the Denver office does not have the authority to issue that type of refund. In our previous email, we rescinded that offer and explained why.
 
This account has remained open, even though we have not received any communication on the merchant’s part. In our previous response we gave this merchant a step-by-step instruction on how to get PCI compliant so that he wasn’t charged $30 per month for non-compliance. It doesn’t appear this has occurred.
 
As stated previously, this merchant has had all fees removed from his account; which is unheard of in this industry. This merchant must pay the PCINA fee as we cannot waive it, nor provide any refunds. The non-compliance fee will continue to be charged until this merchant takes the quiz and becomes PCI compliant, or he closes his account.
 
It appears that this merchant has decided to move on to another merchant services provider because we have proof in our system that another provider has checked his credit. At this time, we would like to go ahead and close his account without the $350 ETF. We are simply not interested in doing business within someone that has such low rates that we are being penalized for keeping his account on board and is not happy with his low to no cost services.
 
I apologize, but there is nothing further that we can do to help this merchant.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager

Consumer Response:
Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9253442, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I HAVE NEVER DECIDE TO MOVE TO ANOTHER MERCHANT SERVICE NOR SIGNED WITH ANYONE.ALL I ASK WAS TO MOVE ON AND KEEP EVERYTHING THE WAY IT IS.IF YOU CANT DO THAT I CANT STOP YOU FROM WHAT YOU WANT TO DO.

Regards,

******* *****




BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

12/7/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: In March 2012, ******* ********, approached Spectrum Powder Coating to use Merchant Services Direct services. We were made several promises, in which none were fulfilled. Our machine was never set up and programmed nor did we use Merchant Services Direct services. On April 3, 2012, Merchant Services Direct debited $5.00 from our account. At that time, we contacted Merchant Services Direct and informed them we had never used their services, they had never set up our machine nor had they lived up to their promised obligations. They stated that the charges would be reversed. On April 16th we contacted Merchant Services Direct and talked to **** to have account cancelled. Once again on May 3, 2012, Merchant Services Direct debited from our account $59.95. After noticing these new charges, we telephone Merchant Services Direct on May 14th and spoke to *********. We informed him that we have never used their services and they had never programmed our machine. He stated he would call back later that day which he did not. We called once again on May 16th and left a message. The message was never returned. On June 4, 2012, Merchant Services Direct debited from our account $73.95. Once again we telephone Merchant Services Direct informed them that we had never used their services and the account was cancelled back in April. They now informed us that we had to fill out a Close Merchant Account Request Form which they faxed us. We filled out the form and faxed back on June 27, 2012. Once again on July 3, 2012, Merchant Services Direct debited $94.95. On July 11th we faxed the billing summary with the words Account is closed, Quit billing me! written across it. We once again contracted Merchant Services Direct and they have assured us the account is closed. We have asked for the charges to be credited back to Spectrum Powder Coating account, due to the fact of misrepresentation. We have never used Merchant Services Direct nor did they ever program our machine. Merchant Services Direct states they have denied crediting our account because the account was never closed until July 13, 2012.

Desired Settlement: We would like to be reimbursed for the $233.85 Merchant Services Direct has charged us throughout the months for services we have not used nor have they provided and have asked repeatedly to close the account and to stop charging Spectrum Powder Coating.

Business Response: Hi *****
 
We have reviewed this merchant’s complaint, the application documents, recorded calls, and notes from both CRM systems (MSD & iPayment). The agent involved in this matter no longer works for the company and we were unable to reach him for his statement. 
 
It appears that this merchant is upset because his account was not closed in April as he has alleged to have requested.  His account was not closed and he was therefore continually being charged fees on a monthly basis.  The underlying fact we looked to uncover was whether or not this merchant did indeed request an account closure in April. 
 
We would like to address several inaccurate statements this merchant has made in regard to his BBB Complaint. On 4/16/12, the merchant called iPayment (not MSD) about the $5 charge for April’s statement fee. At this time, the merchant was informed that they needed to reprogram their machine.  Our notes show that the merchant did not request a cancellation at this time because he just wanted a refund for $5 for not using our services yet. The $5 refund was issued on 4/18/12. On 5/9, 5/10, & 5/12, MSD attempted to contact the merchant to welcome him to the company and he was unavailable to speak to us until 5/11/12. On 5/11/12, the merchant asked for an explanation of the fees associated with his account. We sent him a copy of his contract, explained the fees on his account, and he indicated he would call us back if he had any further questions about his rates. On 5/15/12, the merchant called in upset about his monthly fees, he said he wanted a refund and indicated he wanted to close his account. We explained to him at that time that we would need to request the refunds through upper management and get back to him. On 5/15/12 we called the merchant to discuss the refund request and he was unavailable. The merchant claims to have left a voicemail on 5/16 with no return call, however we were unable to find any evidence that would indicate this merchant had called in to our corporate office on that date.
 
The merchant claims to have discussed with MSD his desire to close his account on 6/4/12, however we have no record of this call ever occurring. We believe he may be referring to the call on 6/27/12. On 6/27/12 the merchant called iPayment and said he tried to cancel his account in April, but MSD never cancelled his account. He was transferred to iPayment’s closure department and was told that his May month end fees would be refunded once the cancellation form was received. The merchant claimed he understood and the closure form was faxed to the merchant on this date. On 7/5/12, the merchant faxed the closure form back to iPayment. On 7/11/12, the merchant was informed it would take up to 30 business days to fully close his account. The merchant agrees that this is the date on which iPayment confirmed their account closure request was received. On 7/12/12, iPayment sent the form to be processed ASAP to prevent any further fees. On 7/13/12, the account was closed. iPayment said they would request a refund for June month end fees because the merchant claimed he advised the agent in April to not open the account. iPayment informed him that they were only requesting June’s monthly minimum fee, statement fee, and regulatory fee to be refunded, totaling $34.95. The merchant agreed that his account was officially closed on 7/13/12. On 7/16/12, the merchant called MSD and left a voicemail stating they would like a call back because they were confused about some of the charges on his account. MSD attempted to contact the merchant, but the merchant did not answer.  On 7/30/12, iPayment’s request to refund June month end fees was denied. iPayment stated the charges were valid as the merchant didn’t call in to close his account with iPayment until 6/27/12. On 8/6/12, the merchant called in to MSD to request refunds. He was informed that his refund requests were denied. The merchant said he was going to contact his lawyer. Later that day, the merchant called iPayment. He was again informed that his refund request was denied. He was unhappy with this decision.
 
It appears that an agent at iPayment told this merchant on June 27th, 2012 that they would request a refund for May processing fees once they received the closure form back. Since the closure form was not returned until July, the refund was never requested for May, only for June. Even though a refund of June fees was denied, we would like to offer this merchant a refund of the non-PCI Compliance May fees incurred on his account in the amount of $34.95. April fees were already refunded to this merchant. At this time the June fees will stand and there is no ETF on this account.  We are offering this refund as a courtesy since after our investigation determined that neither MSD nor its agent did anything wrong.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
********************************
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9180547, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Per our conversation on 10/10/2012, I would like to reopen are claim with Merchant Service Direct.
First of all, I would like to point out that I do not feel that a cancellation notice was needed when cancelling this account.  The account was never set up.  Merchant Services Direct did not program our machine as promised; therefore the machine and their services were never used.  Our service charges for the unused machine are as followed:
May 2012             $59.95
June 2012            $73.95
July 2012              $94.95
As you can see every month the services charges where increased.  This would make sense if indeed we were utilizing their services and it was based on a percentage but the machine and services were never  programmed by MSD like promised; therefore, MSD services where never used.  Also they state that they refunded us $34.95 for May fees, which we have never received.  Also May’s fees were $59.95.
MSD admits that we called April 16 but denies the fact we asked to have the account closed due to the fact they had never programmed our machine.  Our records show that we spoke to Sara.  MSD finally admits that we asked to close our account on May 15.  It took 4 more phone calls after that for MSD to finally inform us that a Cancellation Form was needed, allowing them to charge us two more service fee.
The simple fact is that we purchase a service from MSD to be able to accept credit cards.  To be able to use their service they needed to program the machine which was never done; therefore their services were never used at no fault of Spectrum Powder Coating so how can they charge us monthly fee when we were unable to use their service.


Regards,

***** *****




Business Response: Hi ****,
 
In response to the re-opening of the BBB complaint referenced above for Spectrum Powder Coating, we have decided to stick to our original offer and response. We have refunded this merchant $34.95 on 10/15/12 for all fees from the month of May. The refund may not have posted to the account by the time this complaint was reopened as it usually takes 7-10 business days for a refund to post to an account.
 
We have previously provided a very extensive explanation of the sequence of events that led up to the initial filing of the merchant’s complaint with the BBB. We believe we have shown that MSD has done their due diligence in helping this merchant with his account, including processing the closure request in a timely manner. The merchant did not submit his closure form by the time we instructed him to do so.
 
Just as a customer would still be charged for a cell phone they ordered but never used, this merchant was charged for a merchant account that he never used. For another example, if a person ordered a cable subscription but never watched the cable television they ordered, they would still be charged for the service. As per the attached contract that was executed by this merchant on 3/22/12, the only way to cancel the contract is by submitting a cancellation form. Even after submitting a cancellation form, it may take up to 60 days to close the account. This is standard for any company that provides products and services such as mentioned above. Additionally, all terminal reprograms are not automatic – the merchants are responsible for having their terminal reprogrammed through tech support, which generally takes about 5 minutes.
 
Please contact me if you have any questions on this matter. Unfortunately, we are not in a position to offer any further refunds to this merchant at this time. We sincerely apologize that a compromise was not able to be made on this matter.
 
Thank you,
 
***** ***** ******** ******** ****** ********** ******* **************** **************** *** ************ *** ************ *** * ******* *** ***** *** ******* ******* ** *****

Consumer Response:
Better Business Bureau:

We were sold a service by ******* ********, who was employed by Merchant Services Direct.  Along with the service ******* sold us, they were supposed to come back the following week to set up and program our machine so that we can accept credit cards. The welcome letter we received from Merchant Services Direct, 4th paragraph, states, “if you have questions regarding the programming or setup of you terminal, software or gateway device, please call you sales representative.”  From day one, we tried contracting are sales representative.  Now Merchant Services Direct states that this person no longer works for them so they are unable to get his statement.  I have to asks, why does this employee no longer work for them and just because he no longer works for MSD does it give MSD the right to not live up to their obligations that their employee promised.
MSD did refund $34.95 for the month of May but our May charges were $59.95.  A breakdown of May, June and July charges are as follows:

Month Monthly Charges Additional Charges Total Charges

May         $34.95                   $25.00                $59.95
June        $34.95                   $39.00                $73.95
July         $34.95                   $60.00                 $94.95
Total       $104.85                 $124.00               $228.85
 
Not only are we being charged for monthly fee for a service that we requested to be cancelled in April, that was never set up nor used by us, we also were charge “additional fees” each month ranging from $25.00 up to $60.00.  How can additional fees occur when you are not using the service?
As far as MSD example of a cell phone company or cable company, I would like to point out a couple of  things.  If I signed up for a cell phone and the company didn’t program the phone so I could receive and/or make phone calls, the cell phone company could not charge me for a service I was unable to use.  The same is true with a cable company.  If a cable company comes and hooks up your cable but does not leave you the box to hook up to your TV, they could not charge you until the problem was fixed.
I also would like to point out that we asked for this account to be closed in April.  Why is it that it took MSD three months and numerous phone calls asking to cancel the account before they informed us and sent us the cancellation form to fill out?  Why were we not informed of this information back in April?
In saying that I really think that MSD should reevaluate their position and refund the money owed to my company. Come on, we are talking about $228.85.  I’m sure now that the time they have spent on fighting this matter exceeds the $228.85 owed to us and they would have been farther ahead by just refunding these outrageous fees to us and moving forward.
Sincerely,
***** *****, President
Spectrum Powder Coating



Business Response: Unfortunately we are still not in any position to offer any further refunds for this merchant. We are currently looking into the May charge to see if there are additional refunds owed to him. The only reason why we are offering refunds for May is because iPayment promised the merchant the refunds.
 
As outlined in the other two detailed responses we have sent in to the BBB, this merchant has spoken to MSD and iPayment on several occasions. Although the merchant’s agent is no longer employed by us, he had plenty of opportunity to bring up issues with his terminal not being programmed properly from the onset of his account. Our notes indicate that the merchant was only calling in to complain about fees. If he did complain about his terminal not being programmed to process cards, we would have instantly resolved his issue. In these instances, the normal protocol would be to send him over to technical support so that he may be walked through the process of reprogramming his terminal. Since the merchant only complained about the fees on his account, we did not send him to technical support to resolve his problem.
 
In regard to the merchant’s statement about the language included on the Welcome Letter, he is correct, the letter does tell the merchant to contact the sales representative. The letter comes from iPayment and they consider MSD and the sales representative the “Agent”. The merchant did not have an issue with calling in to express his concerns about fees to MSD, nor iPayment, even if his agent was unavailable.
 
We firmly believe at this point in time that the merchant is thoroughly scouring his account statements and notes in an effort to find anything that would allow him to be entitled to refunds. This matter has dragged on for far too long. Normally we work with our merchants in providing refunds and waivers of fees when it is determined that the representative or MSD or iPayment did anything wrong; however, as stated a few times before, we have determined that there was nothing that we could have done to help this merchant reprogram his terminal if he did not communicate to MSD, nor iPayment, that he needed his terminal reprogrammed.
 
We sincerely apologize that a resolution could not be reached on this account. There is nothing more that we can do for this merchant.
 
Thank you,
 
***** ***** ******** ******** ****** ********** ******* **************** **************** *** ************ *** ************ *** * ******* *** ***** *** ******* ******* ** *****

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

12/6/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: ***, an Agent from MSD, came into my shop and talked to my wife and myself. He proceeded to give us false information about the card processing company (MSD) about the fees. *** assured us that there was no fixed length of contract and a free processing machine. We even asked what are the hidden fees several times and he said there were none. We trusted him and signed an unread contract with him saying that the fine print was about anti terrorism. Here's the truth: the fine print was full of additional fees that were not explained by the salesman with a 3 year contract and $350.00 cancellation fee. The processing machine comes with a $5.95 monthly insurance premium cost and the machine needs to be returned to MSD after usage. We signed a paper that said free machine on it and we did not read it. He said it was just saying you were getting a free machine from us. He said there was not a Compliance Fee. There is a $129.00 per year fee.Carrie called and talked to a supervisor named ********. She talked to *** and *** denied it all, except for a $25.00 merchant verification fee that he did not know was in the contract. She still said she was going to charge me that. She said I should have read the contract. I asked her if her agent should have also. She says she cannot let me out of the contract without the cancellation fee ($350) unless the Agent waived that at the time of signing. He said there was not contract so why would there be a cancellation fee?? I am assuming she will say *** did not waive it. I also had a very hard time actually finding out what all the fees are. It took several phone calls to different parts of the company and I'm sure I still do not know them all. This company does not have integrity. ******** said it is a common practice of companies to have their fees in fine print in the middle of a page of fine print.

Desired Settlement: We would like to cancel the contract, which we did not realize we were in, without being charged with the cancellation fee of $350.00 and the $195.99 fee that was already charged to us. We have not unpacked the processing machine. We do not want to be held hostage by an unethical and deceitful company.

Business Response: This email is in response to the above referenced complaint. We have consulted the agents and employees involved, reviewed all recorded phone calls, and have looked into each accusation made by the merchant very carefully. Please accept this email as our formal response to the above referenced BBB complaint.
 
Rather than address each accusation separately, MSD would like to take the position that the agent who visited the merchant’s place of business on November 2nd, 2012 was not in violation of the MSD Code of Ethics; however, he was trained improperly on the full disclosure of fees on this account. Since he did not disclose all of the fees on the account to the merchant, MSD is willing to waive the ETF in the amount of $350. Also, we will have the cancellation form processed on an urgent basis. We are asking iPayment to process the closure form on an urgent basis in an effort to get the account closed before month end fees accrue.
 
The pin pad purchase was done outright and the sale is final. We are unable to offer a refund for the pin pad at this time. We do not believe there was any issue with the purchase of the pin pad itself. We did receive the terminal and the pin pad in our Deployment department. They are processing the return as we speak; however, the pin pad is being shipped back to the merchant today. This pin pad can be used with the other machine the merchant stated that they have. Or, in the alternative, they can sell the pin pad online. Our company policy is that we do not repurchase equipment from merchants.
 
We sincerely apologize for the many hours of time this merchant has spent on the phone with Customer Relations here at MSD; although, our review of the recorded phone calls shows the merchant was overly abrasive and spoke profanely in their interactions with that department. This matter was simply an instance of an agent not being trained properly on the full disclosure of fees. MSD is about a month out before we can release a brand new training program to all new agents that will be the solution to these types of issues in the future.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
****************
****************
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212

Consumer Response: t: Re: You have a new message from the BBB serving E. WA, N. ID & MT regarding complaint #9302804.

Joel Oscarson
Resolution Moderator
Better Business Bureau

    I will respond in bullet form, with subsequent comments, to the message forwarded through the Better Business Bureau dated November 29, 2012 answering Wise Buys Antiques' complaint #9302894 against Merchant Services Direct.
    1) I am in agreement that the agent that contacted Wise Buys Antiques was inadequately trained in the full disclosure of fees. However, that does not excuse the fact that when asked pointed questions as to fees, the MSD agent told us untruths. Perhaps telling falsehoods does not meet the level of a MSD Code of Ethics violation. The fact that a contract length of 3 years was undisclosed and the agent misrepresented pertinent fees is very troubling to us. Various fees located in the fine print were either undisclosed or the agent offered to strike them from the contract. Naively we did not have those items stricken in our presence. Surprisingly to us, they were still in the contract when we received it back from MSD. I am hoping this was an oversight rather than being a pattern of MSD's business practices.
    2) Wise Buys Antiques appreciates MSD'S offer to waive the $350 Early Termination Fee and process the cancellation on a priority basis. Along with that termination we expect to see no billing of any sort from Merchant Services Direct, iPayment, or any other charges from other agencies. On November 27, 2012 in a phone conversation, we were assured by ******** ********, MSD Customer Support Specialist, that no other charges would accrue.
    3) As to the pin pad "purchase", MSD's agent assured us that the $195.99 was a setup fee for the service. As we did not use  MSD's card processing service, we do not feel an obligation to that charge. However, in the interest of severing all ties to MSD or other related agencies, including iPayment, Wise Buys Antiques will not pursue a refund of that $195.99. We feel that is part of the cost of our naivete. We are awaiting the return of the pin pad and will keep the BBB informed as to its' arrival.
    4) We also appreciate the apology of MSD for the hours of frustration spent in correspondence with MSD and the BBB. As to the profanity used by Tim Wise with your agent, ******* ******, I do apologize. It was limited and used out of utter frustration at the situation and the term BS was used as an explanation of the situation. Being abrasive brought home the point that Wise Buys Antiques was being wronged and that MSD needed to effectively address the negative situation.
    5)  As to the point that this matter is simply a point of a MSD sales person being poorly trained, I believe that to be wishful thinking. We were  thankful that during this regrettable process we spoke to 2 MSD employees that were helpful and courteous, ******** ******** and ***** in Merchant Services. However others seemed to make our effort to terminate more arduous than it should have been. ******** in Customer Relations was confrontational rather than helpful. In MSD company forms, we were given an incorrect phone number as well as an incorrect email address of ways to contact MSD for terminating. In conversation as to MSD having undisclosed charges, one MSD agent said it is common for charges to be among the fine print of a contract. As a business owner of 26 years, I feel that MSD needs to reflect on the way they are doing business and make more efforts to be more forthright with their customers. Additional ethics training programs would certainly be helpful if MSD hopes to raise its' standards. Respect gains and merits respect.
    In summation, Wise Buys Antiques wants to cancel with MSD in a manner consistent with the aforementioned details. Though we are unhappy with this experience, we will be satisfied if termination is carried out as stated.

*** **** Wise Buys Antiques

BBB's Final Determination: Consumer accepted resolution offered by the business.

11/29/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: This company told us a certain rate for processing credit cards for our business and when the bill came it was not even close to what we had agreed to. Now they won't even talk to us to fix the matter. There salesman ***** **** lying thief for telling us one rate and charging us a totally different rate.

Desired Settlement: Cancel our contract with them and stop all these fee's they are taking from us every month even though we stopped using there service after 2 months. Also no early termination fee should be charged as they lied to us.

Business Response: Dear ****,
 
This email is in response to the above referenced complaint. We have reviewed this account, listened to call recordings, interviewed the agent involved, and would like to submit this as our official response to this BBB complaint.
 
This merchant was a referral from another hotel in the same area. ***** did not go over his statement at the time due to the time crunch and agreeing to sign this merchant up as a favor to the other hotel who referred them to *****. This is normally something that our agents do to quote the merchant with accurate savings so that they can make an informed decision on whether or not to switch their processing services to us. However, ***** **** did go over all fees and rates with the merchant at the appointment very thoroughly. ***** even came back the next day to have him resign the free placement form and then followed up by a call later that night to confirm whether he wanted the VX510 or the T7Plus terminal. At this point, the rates were again discussed in more detail over the phone.
 
When the merchant called in a few times to MSD and iPayment the rates and fees were explained again. On 10/9/12, this merchant spoke to CR and did a rate review. Our CR rep *** quoted this merchant $20 in savings per month if he were to drop his rates. The merchant was not interested in dropping his rates with us. At the time the merchant was only interested in speaking to *****, his agent. On 10/10/12, the merchant called in again and was helped by *****ty *****. *****ty informed the merchant of the $350 to switch, only after she tried to do another rate review to retain the account. The merchant was not interested in keeping the services at all and stated at that time that he would pay the $350 ETF to cancel the account.
 
We believe that if the merchant had allowed us to lower his rates as we had offered to do so, he would have saved money. We don’t feel that there was full cooperation on the merchant’s part and at this time,we are not in a position to waive the ETF on this account. The fee was explained to the merchant over the phone on 10/10/12 and he agreed to pay for it. Also, we do not believe our agent did anything wrong in signing this merchant for processing services through MSD. The agent was very ethical in his dealings with this merchant and generally cared to ensure his account was set up right. In addition to this, every time the merchant called in to iPayment or MSD, we have been very helpful in assisting him with terminal troubleshooting issues, attempting to lower his rates, and making sure he was well informed of his fees on his account.
 
In order to close the account the merchant must complete the attached cancellation form and fax it to CR at ###-###-####. On 10/10/12 *****ty sent this form to him; however, we have not received it back. This form must be completed and returned to us in order to close the account. However, we are still hoping to work with the merchant to lower his rates so that he can save money by keeping his commitment with MSD for his processing needs. If the merchant is interested in keeping his account, please call our Customer Relations department at ###-###-#### to do one last rate review to officially lower his rates.
 
Thank you for your assistance with this matter.

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

11/29/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: A Rep. from Merchant services, named ***, came down to my store to offer his company services. i was very pleased with his company services and rates, and i signed the contract. he told me that if you dont like it, you have 30 days to send it back without any charges. I told him that specifically that i might be in a contract with my current provider, so i will let you know. Dont process the application until you get a call from me, because i do not want to have to companies at the same time. He told me that i have 30 days anyways. i said ok and he left. He would call me, ***, and tell me that i told you about this charge too right, and i would tell him that no you didnt and he would argue back that he did but I, the customer probably didnt listen. he told me 3 charges on the phone that he didnt tell me about when signing the contract. I never called him about sending me the terminal, but he didnt wait for my call and just sent the terminal. Now at this time i was getting charged from my current provider and with them, for no reason. so i sent the package back without opening it and talked to the cancellation department manager and he also told me that you have 30 days and if you fax in you cancellation form before the 30 days, you will be good and you wont owe us anything. I did that before 30 days. 2 months later i get charged $350. i called and they, ******* *****, told me its their mistake and we will reimburse you because i faxed in the cancellation form before 30 days. after 15 days, i called them asking for my refund, they said i have to call the agent to get them to authorize. i called them and they told me straight up we dont have a 30 day policy and we will charge you $350. the guy on the phone told me that i need something in writing that we will refund you your money and you dont. i told him that i trusted your rep, ***, to keep his words and he was from a company and on that trust i trusted him and now you are telling me that i should have gotten a written statement from him.

Desired Settlement: I would like them to refund me my $350. the rep. ***, also told me if i dont like it i could send it back withing 30 days. The manager at cancellation department said the same. a very nice gentleman, ******* ***** said its their mistake and i should have not been charged this 350 in the first place because i did everything according to the company rules and regulation. The other guy the agents office told me they dont have any sort of rules of 30 days, when 3 people in high post confirmed.

Business Response: We have reviewed this merchant’s complaint and have consulted our records. It appears there has been a miscommunication between MSD and iPayment in regard to our ETF policy.
 
Although, we do not have a 30 day policy, due to the miscommunication, we would like to offer to waive this merchant’s ETF. Please advise if this will resolve this merchant’s complaints.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
******@msdnw.com
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
621 N Argonne Rd, Suite 100
Spokane Valley, WA 99212

Consumer Response:

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9274769, and find that this resolution is satisfactory to me. 

The above attachment has the fees they deducted, I ACCEPT THIS OFFER FROM MERCHANT SERVICES ONLY IF THEY REFUND ALL THE FEES THEY HAVED DEDUCTED FROM MY ACCOUNT, ESPECIALLY THE CANCELATION FEE FOR $350.00. Only after that is done, and the fees have been credited back, only then, i will withdraw  my complaint and close my case.

Regards, 


******** ******




Business Response: We apologize for the merchant getting charged the $350 ETF, even though we waived it due to the miscommunication. We have sent in the bank statement provided by the merchant and have requested the bank to refund the $350 to this merchant.
 
Please let me know if this resolves the merchants complaints.

Thank you,
 
 
***** *****
Merchant Services Direct
Operations Manager
******@msdnw.com
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
621 N Argonne Rd, Suite 100
Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

11/16/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: A SALESMAN (********* ********* **) FROM MERCHANT SERVICES D. CAME TO ME SAYING THAT HIS COMPANY HAD A MONTH TO MONTH CONTRACT AND THE LOWEST RATES IN USA. WE HAVE A COMVERSATION ABOUT THIS CONTRACT AND I SIGNED A INCOMPLETE CONTRACT HE LEFT AND HE SENT ME A EMAIL REQUESTING MY SIGNATURE FOR A FREE ATM TERMINAL.I NEVER SEND THAT DOCUMENT BACK 3 DAYS LATER HE CALLED ME AND ASKED ME IF I SENT THAT DOCUMENT I TOLD HIM NO,AND HE TOLD ME IS OK I GOT YOU COVERED AND YOUR TERMINAL WILL BE THERE IN 3 DAYS. I NEVER CONECTED THAT TERMINAL BECAUSE I START DOUBTING ABOUT THIS COMPANY,MY BANK STATMENT FOR SEPTEMBER SHOWED A $5.99 CHARGE & $26.99 FOR MERCHANT SERVICES.OCTOBER $5.99 $56.99 FOR MERCHANT SERVICES,I TRIED TO CALL ********* TO SEE WHY THEY CHARGE ME ALL THOSE FEES AND HE DIDNT ANSWER,LATER MERCHANT SERVICES DIRECT CALL ME ASKING ME WHY I DIDNT DO ANY TRANSACTION YET,I TOLD THEM BECAUSE I DONT WANT YOUR SRVICES ANYMORE.AND THEY SAID IF YOU CANCELL YOUR CONTRACT, YOU HAVE TO PAY $350.00 FOR EARLY TERMINATION,I TOLD THEM WHAT ********* GAVE ME A (MONTH TO MONTH) CONTRACT,AND THEY SAY THAT I SIGNED FOR 3 YEAR CONTRACT,I SAID NO WAY I NEVER SIGNED FOR 3 YEARS,SO ******* *.SEND ME A COPY OF MY CONTRACT,WHEN I WAS REVIEWING IT I FOUND THAT MY SIGNATURE WAS ALTERED,IT DOESNT MATCH WITH MINE.EVEN THAT LAST DOCUMENT FOR FREE TERMINALWAS SIGNED WITH A FAKE SIGNATURE,I TRIED TO REACH ********* ********* BUT ******* A SAID THAT HE IS NOT LONGER EMPLOYED WITH MSD.ICALLED MY BANK TO STOP THIS PAYMENTS AND THEY TOLD ME TO CLOSE MY ACCOUNT TO PREVENT MORE DRAFTS FROM MSD. SO NOW MY BANK ACCOUNT IS CLOSE AND I'AM IN A MESS.THEY HAVE A COPY A MY DRIVERS LICENSE WITH MY LEGIT SIGNATURE .THEY SUPPOSED TO REVIEW ALL THE CONTRACT AND WAIVE EARLY TERMINATION FEES. BUT THIS IS NOT THE POINT MY QUESTION IS WHY THEY LET ANYBODY MANIPULATE CONTRACTS & SIGNATURES.

Desired Settlement: I WANT ALL MY MONEY BACK AND A I WANT MORE INFORMATION FOR ********* ********* BECAUSE I WANT TO START A LAWSUIT FOR SIGNATURE & CONTRACT MANIPULATION.

Business Response: Hello ****,
 
This email is in response to the above referenced BBB complaint.  We have reviewed this merchant’s account, have received additional documentation from the merchant, and have reached a conclusion on this investigation.
 
We have determined that the merchant’s complaint that the agent forged the contract cannot be neither denied nor confirmed. Since we are unable to get in touch with the agent on this account, we relied on our ability to match the signatures. The merchant provided MSD with a copy of his driver’s license in order to match their signatures. The merchant claims that the first signature on page 3 of the contract is legitimately his and all others are not. In our handwriting analysis, there are more than enough similarities between the merchants’ driver’s license, the signature on the application that the merchant claims was signed by him, and the signatures on the application the merchant claims weren’t signed by him that we cannot prove the claim to be legitimate. Since the merchant has already provided a copy of his contract in his claim, I see no need to provide it again.
 
Since the BBB complaint was filed, the merchant has sent in the cancellation form to MSD. His closure form was processed and his account was cancelled on 11/2/12. The reason stated for the closure was that the fees were too high.
 
In an effort to resolve this complaint, we have waived the $350 ETF in full on his account. This fee is waived as a courtesy for the merchant in hopes that we can resolve his complaint. This in no way admits guilt on the agent or MSD’s part, since we are unable to prove or disprove the merchant’s allegations of forgery.
 
We hope this resolves the merchant’s concerns on this account. Please let me know if we can assist any further with the resolution on this matter.

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

10/10/2012 Problems with Product/Service | Complaint Details Unavailable
10/3/2012 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Preventive Fire & Safety was approached by an employee of Merchant Services to use them for processing credit cards. From day one the employee promised we would have help in setting up the account, we would have access to the internet to process our credit cards and a terminal for the office to use when necessary. Also the company excepted all major credit cards, we like what we heard and we change to Merchange Services.We received our packet from Merchant Services, we started the ball a rolling, we went to the on line service of Merchant Services, and could not set up our account to process the credit cards. Why do you ask, we were not set up to process credit cards on the on-line services. Ok, we set that account to properly do what it needed to do in order to process the credit cards. Now we are wondering where our machine to scan the credit cards are, again another phone call the Corporate office and wow another suprise we are not set up for a machine. Now to date not one person has said to me that will be additional monies, having the credit card machine or using the internet to process the credit cards.We are now into a week, again another problem, we cannot process the credit cards for American Express. We are ok for processing Visa, Master Cards, Discover. Again another call to the Corporate office and we are told you are not set up to take American Express. We need to send you paper work to fill our to register your company to be able to process American Express. Still not one person has said more money such as fees.We are now at the one month mark, and receive our bank statement, behold Merchant services took from our account, fees for the internet at $10.00 per month, the machine at $5.00 per month, then a PCI amount of $159.00, regulatory $4.95, statement $5.00, $64.95 1st time account, twice. We did not even go into the fees of our monthly credit cards I was afraid. Then our account was charge $350.00 for closing early.

Desired Settlement: We would like all fees returned, excluding the .05 / .10 charges for credit cards.Merchant Services defrauded from the day one. We was going to let the company alone, but again today 4 months later another charge came through our bank account of $350.00.The company appologized, the fee took so long to come out, but it is a valid charge. We waived the ETF (what ever that is) on the MSDpay account, but it was left intact on the other account, and that is what you were charged for.

Business Response: Hello ****,
 
First and foremost, I apologize for the delayed response. We have reviewed our records, consulted the agent involved, prepared a timeline of events for each email and note on this merchant’s two accounts. This matter was actually quite confusing for a number of reasons. I will attempt to explain this to the best of my ability in an effort to resolve this matter with the merchant.
 
This merchant opened two accounts with us at the end of December 2011 through an independent sales agent. The two services they requested were MSDPay, which is an internet portal for online payments, and a physical terminal for processing store front transactions.  We believe there may have been some miscommunication between the agent and the merchant during the initial account set up. The merchant claims to have been clear with her request to be able to have an online MSDPay account set up right away and be able to process all cards, including AMEX. From our research, it appears that the merchant did in fact communicate clearly to the agent that she did wish to have the online account set up. The agent submitted the application to set up the MSDPay account, as well as an application for processing services. What was not clear in the initial communication was that the merchant had to sign up for AMEX separately in order to process those types of cards.
 
In early February a few MSD administrators were involved in speaking with the merchant about setting her up with AMEX. This was completed. In my review of the actual emails and conversations between the merchant and administrators at MSD, it appears that the merchant was satisfied with the customer service that she was receiving in order to get the issues worked out.  Refunds were requested for a total of $46.97 to be returned to the merchant due to the account troubles in January.  It appears that the merchant submitted her application to process AMEX cards on 1/23/12 but it was never received by MSD, nor iPayment. The form was received by MSD and processed on 2/10.
 
In March, the merchant spoke with another MSD administrator who explained all the fees associated with her accounts. The administrator informed her to contact Partner Support for any further questions, comments or concerns about fees. At the end of March, our Customer Relations Supervisor ******* called the merchant to check up and there was no answer or return call back to *******.
 
In April, the merchant contacted ******* in Customer Relations requesting that her accounts be cancelled. At this time, ******* had to explain to her that she had contracted with us for two different services and therefore there were two ETF’s that she would need to pay if she cancelled. Those fees would have amounted to $700. At this time, ******* requested the ETF to be waived on the one account for MSDPay that the merchant decided that day to cancel. She decided to leave the other account open at the time, understanding that there would be a $350 ETF if she decided to cancel it in the future. The ETF on the MSDPay account was approved for waiver by our Operations Manager, ***** *****. When ******* called the merchant back to tell her the good news, she also sent her the cancellation form. The merchant expressed concern about refunds that were requested in February. ******* researched the account and notified the merchant that the refunds were indeed processed according to her request. The merchant was still upset about having 2 contracts for MSD services and stated several times that she only signed one contract. As you can see from the attachment “Preventive Fire 02929 MSD Pay Resub 3”, the merchant signed up for a MSD Pay gateway and requested a Front-End Omaha terminal for in store processing. The fees are explained to the merchants at the time the agent is in the office. As you can see on the referenced form on page 3, the merchant agreed to a $5 statement fee, $.10 transaction fee, interchange, a discount rate of 0.5% or 50 basis points,, AVS, batch header, voice authorization fees and an annual fee of $99.95, as well as reference to page 3 for the ETF, PCI, business information verification fee, and the regulatory fee. Lastly, on the form there is a monthly access fee listed for the MSDPay gateway fee of $10.00 monthly access and a $0.10 per authorization fee.  On the same page, the merchant was given an option to subscribe to accepting AMEX cards, but this was not completed. Like I mentioned earlier, there was likely some miscommunication between the merchant and the agent on the AMEX matter.
 
******* did not receive the first cancellation form back for the MSDPay so she called the merchant several times to remind her in April. On April 23rd, ******* received the cancellation form. However, the form had the wrong Merchant Identification Number, or MID, written on it. The merchant expressed that she wished to keep the other account open on April 10th, so ******* did not process her cancellation form. ******* called the merchant on April 23rd to notify her of this and had to leave a message. ******* never received a call back until mid-May.  On May 11th, the merchant called in furious that the account wasn’t cancelled. ******* explained that she attempted to call her to get the correct MID on the form she sent in on the 23rd, but never received a call back from the merchant. At this time, the merchant decided that she wanted to cancel both of her accounts. ******* typed the correct MID’s onto the form for the merchant and resent her the cancellation forms. A few days later, on May 14th, 2012, ******* received a thank you email from the merchant for her help with the matter. The merchant seemed satisfied with the customer services that she received from ******* at the time. On May 16th, ******* verified with the merchant that we received her completed cancellation forms and that the accounts should be closed by 5/17/12.  On the 18th, the merchant sent an email to *******, asking her for the address on where to send the terminal. ******* immediately emailed her back the address. We received the terminal on 5/31/12.
 
On June 13th, the merchant called in about the account still being open. ******* told her that we did not receive the forms but a few days later actually found out that we did receive them. ******* sent in a request to immediately cancel the accounts with waiver of all fees from May and June. On June 18th, Partner Support sent an email to iPayment to refund a total of $60 for May. Refunds were denied for the other account for June because the form wasn’t sent in until the 11th. The waiver of the ETF on one of the accounts was also mentioned in the email from ******* to the merchant. The MSD Pay account was cancelled on 6/25/12. June fees were again requested since the other account was again never cancelled.  The last correspondence with this merchant was an email on 9/11/12. The merchant was upset that they were charged the ETF of $350 for the other account.
 
Here is a ledger of all the refunds that were processed on this account:
 
For ****************
 
Feb: $46.32
June: $90
July: $94.95
 
For MID ****************
Feb: $23.81
 
Total Refunded: $255.08 + waiver of $350 ETF for MID ending in ***
 
Our investigation has determined that not only did we provide the best possible customer service that we possibly could, but we also initiated $255.08 in refunds and a complete waiver of $350 Early Termination Fee. In fact, this merchant was awarded more refunds than we promised, but due to the technical error than initiated these refunds, we are not going to bill the merchant. At this time, we are not willing to offer any additional refunds. I apologize for the length of this email but with this merchant having 2 accounts and the amount of correspondence and customer service that occurred, a lengthy explanation is warranted.
 

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

10/2/2012 Problems with Product/Service
9/4/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: This Company sign me up with some "tricky" tactics and started withdrawing money from my bank account.This kind of people should not be in business ripping small businesses like that.They should be held accountable and out of business.

Desired Settlement: $118.82 to this day 8/11/12

Business Response: We have reviewed this merchant’s complaint, the application documents, recorded calls, and have contacted the agent who initially set this merchant’s account up. We have determined there is no evidence of “tricky” tactics that this person is referring to. The agent in this matter thoroughly reviewed the contract and all the small print with the merchant. The agent even gladly left her a copy of the contract with her at her place of business. See attached application documents for this account.
 
The attached recorded calls provide proof as to what was discussed between MSD Corporate and the merchant on June 6th & 7th. On the June 7th call from ******* to the merchant, she stated that she wanted the services when the agent was in her office explaining everything to her but decided a month later (most likely after she got the bill) that she did not want the account any more. In the June 7th, call from *******, this merchant was also advised of the $350 ETF if she wanted to cancel her account. The merchant refused to pay the fee and stated she would have a lawyer look over the contract. ******* sent her a cancelation form via email and advised her if she sends in the form, she should be prepared to pay the $350 ETF.  See attached email. The merchant sent the cancellation request to iPayment on 7/30 and it can take up to 30 days to close the account. This merchant will be issued the $350 ETF when the account is closed.
 
From our research it appears that no refund will be issued to this merchant because she was simply experiencing “buyer’s remorse” and decided she did not want to use our services. Per MSD policy, we do not issue any refunds unless there is proof that we have done something wrong.  In this instance, we have determined that we have done nothing wrong.  We feel as though this complaint has no merit, based on the facts presented.
 
Thank you,
 
***** *****Merchant Services Direct
Operations Manager
************.com
************.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212
 

Consumer Response:


Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9168652, and have determined that this does not resolve my complaint. 

"Buyers remorse " will be if they actually provided me with a service or product....... wich they  didn't,  they only use my information and withdrew money from my account (stealing).

It's a shame that companies like this prey on small business,because we're trying to save every penny. They would never do that to big companies.

This is the kind of business that it's driving our economy to a complete chaos.

I think the public needs to know about this.

I will fax you the longer letter and documentation I have.

Thank you BBB for your help in this matter,

Regards,

******* ***



BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

8/24/2012 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: The representative stated that I could be added to my boss's credit card machine so that it would be directly deposited into my account. My boss decided to not switch to this company, but they already had my bank account information. They started charging the monthly fees to me.

Desired Settlement: I would like the monthly fees that were taken out of my account to be credited. I would also like for future fees to not be taken out of my account.

Consumer Response: Hi ****,

I received your message.

The business the account is associated with is ****** **.
I have been working with a very helpful rep at Merchant Services named ******* *******. Her direct line is (P) ###-###-####

The company is trying to hold me responsible for their sales representative's hastiness to close a sale. 
The Doctors in our office were contemplating changing over to Merchant Services Billing.  The representative, ******* told me there would be no additional cost to add me to their account.  So I filled out the paperwork that included my bank account information on it and gave it to him.

The Doctors decided to NOT switch over to this service.  They did not submit their paperwork, they did not give their bank account information. 

Nevertheless, ******* submitted the paperwork with my bank account information on it.  I didn't know anything about it until a month later when I was charged twice, once for a monthly service fee and once for a wireless fee. 

When I contacted Merchant Services, they told me they wanted me to pay a $300 termination fee.
This is completely unreasonable since the sales representative should not have submitted the paperwork when we told him we did not want to switch to Merchant Services.

I would like to have the service terminated without a fee and the two charges for roughly $60 credited to my account.

Thank you so much for your time,
******* *******

Business Response: Good Afternoon ****!
 
In response to BBB complaint 9118363, we have consulted our records and have been in contact with the agent who set this merchant up. Please consider the following our response to the merchant’s BBB complaint referenced above.
 
The merchant has spoken to our ******* in our Customer Relations department on several occasions in the month of July 2012 in an effort to resolve this complaint. According to our records, after previously speaking to ******* about this matter, the merchant called ******* again on July 16th. On the 16th, the merchant stated that she had new evidence in the form of a text message that proves the agent ******* ******* confirmed he was not going to process her paperwork. ******* did obtain approval from management to accept the text as a form of evidence. ******* called and left the merchant a detailed voice message on the cell number she provided (###-###-####) on July 16th, the same day the alleged evidence was communicated to MSD. ******* never received a call back from this merchant, nor an email containing the text message or completed cancellation form.
 
The last contact from this merchant was on July 16th prior to receiving this BBB complaint. We requested proof from the merchant in an effort to try to waive the ETF; however, she never sent it, nor did she return *******’s call. We are again requesting the evidence from the merchant so that management may review and determine whether an ETF is applicable or not. If the merchant does not wish to send the evidence and still wants to cancel her account, she will still be charged the $350 ETF. See that attached account cancellation form. The merchant needs to complete the form and fax it back to our Customer Relations Department at ###-###-####.
 
We have consulted our agent on this matter and he was under the impression when Ms. ******* signed her contract that she understood the fees they discussed and wished to pursue business with MSD, regardless of whether the Doctors wanted to sign up or not. Our agent also states that text messages were exchanged between him and Ms. ******* but only in regard to when her husband (one of the doctors) would be available for him to come by and grab his completed paperwork. Our agent states that Ms. ******* never expressed any hesitation whatsoever in wanting to sign up with MSD for her processing services. Our agent is completely surprised that Ms. ******* is representing that she did not wish to use MSD’s services and we believe our agent did not do anything wrong.
 
Alternatively, we just released a new micro merchant program that this merchant may qualify for that may be able to reduce her rates even further. She will need to contact Customer Relations at ###-###-#### to determine her eligibility. The qualifications are based on average processing volume, in addition to a few other factors.
 
We look forward to hearing back from you on this matter.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
***************
*MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212
 

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9118363, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

This email is to supplement the data faxed to ###-###-#### on 8-6-2012.

The verbal agreement between ******* ******* and I on the day that I signed the contract was that I was to be added to the doctors' account.  He told me that it would be of no cost to me to be added to their account and that if I gave him my bank account information any transactions processed through the doctors' credit card processing would be automatically deposited into my bank account.  ******* and I never discussed me opening up an account on my own without the doctors', and we never discussed any monthly charges that I would personally be responsible for.  Through our discussion, it was obvious to both of us that the Chiropractic Clinic was the business that already had a merchant account, already had a credit card processing machine.  ******* was trying to get the doctors to switch over from their current company to Merchant Services.  I gave ******* my bank account information because I trusted him to process the paperwork as we discussed.

On 5/4/2012 ******* ******* contacted me in order to obtain the voided checks from the doctors in order to process the order.  The doctors' had spoken to their current credit card processing company and were informed of a charge to cancel.  As you can see from the attached text message (that was also sent to ******* on 7/16/12) ******* said that he could get them out of their current contract.  That was the last contact we had with him.

On 7/3/12 I noticed two automatic withdrawals from my bank account.  Since I rarely use this account I investigated immediately.  ******* was very helpful and said that she might be able to get the whole account voided.  A week went by, and I didn't hear back (and we run a fairly busy chiropractic clinic so I'm busy with patients) so I contacted ******* on 7/16/12 to follow up.  She seemed less helpful, and wanted more proof of us telling ******* that we didn't want their services.  I sent her the text message to ###-###-#### (see attached screenshot) but did not hear back.

According to ***** *****, the Operations Manager at Merchant Services, ******* ******* actually believes that he had permission to process the paperwork.  If this is true, wouldn't Mr ******* have returned to the office to followup on his new account?  When a merchant signs up for credit card processing services, doesn't someone from the company show up to the business to set up their brand new credit card processing machine?  After the text message on 5/4/2012, ******* ******* disappeared.  We did not receive a processing machine, nor any instructions on how to set up our current machine to process with Merchant Services.  All we received was a bill on 7/3/2012.

On 8/7/2012 at 2:45pm Dr **** ****** spoke with Ms ***** ***** to confirm that he also told ******* verbally that we were not going to switch to Merchant Services Direct.  Although she is the Operations Manager, she transferred him to customer service.  He waited for 15 minutes, but with a waiting room full of patients, he prioritized his patients.

I've been in sales before, ******* ******* had a signed contract and a deadline to meet a sales quota...so he submitted my paperwork...WITHOUT a voided check.  Doesn't it stand to reason that if he needed a voided check in order to process the doctor's account, shouldn't he need a voided check from me?   

The headache of this situation has caused ripple effects.  I have spent over 5 hours organizing data to get rid of this mess when I should have been treating patients.  Furthermore, in order to avoid any more unauthorized withdrawals on my bank account, I froze the account that I gave *******.  This caused a ripple effect because my paycheck from my second job at 24HourFitness could not be deposited (hence I have to spend another 2 hours tracing down THAT!)

It seems I am not alone in my complaints against Merchant Services Direct.  The first page of google results for "merchant services direct"  turns up many cases similar to mine.  The BBB has had 53 complaints similar to mine filed against the business, and a 75% negative experience rating.  There are three cases similar to mine on http://www.ripoffreport.com/directory/merchant-services-direct.aspx  According to
http://www.worsecreditcardprocessors.com/msd.htm  the company's three most common complaints are

  • Misrepresentation of Fees
  • Unethical Appointment Setting Tactics
  • Misrepresentation of Lease Terms
I am asking for my account to be terminated for no cost. I don't think it is unreasonable to do so, as there was no exchange of physical property like a credit card processor.   Since I closed the bank account they have access to, they are unable to deposit the funds that were taken out of my account, so I would like to have a check for the $44.95 mailed to me at the address on file.  I received an August statement with $69.95 in charges.  Please erase those charges from my virtual account.

I am absolutely disgusted with Merchant Services Direct.  With free applications like Square that provide the same service for free, it is clear to see why this company must stoop to shady business tactics in order to close a deal.


Regards,

******* ******* 




Business Response: Good Afternoon!
 
In response to the above referenced BBB Complaint, we have researched our records, spoken to the Customer Relations representative involved in this matter, and have listened to all phone calls between this merchant and the Customer Relations representative who assisted her (******* *****). 
 
The attached recorded call dated February 29th, 2012 between our CR representative ******* ***** and the merchant ****** ******* verifies the conversation between the two regarding the instructions on where to send the terminal post cancellation of her merchant account. ******* clearly tells this merchant to send the terminal back to the address located on the email she sent her with the cancellation form she needed to complete. See attached cancellation email ******* sent to the merchant listing the return address to be:**** ** *********** ***** **** ******* ******* ** *****. 
 
MSD never received the terminal. ******* provided excellent follow up with this merchant by responding to each voicemail this merchant left her in regard to the receipt of the terminal. On March 13th, 2012 ******* called the merchant to notify her that we did not receive the terminal. It appears from our records that the merchant never called her back until 7/27/12. This call is attached to this email and consists of the merchant notifying ******* that she was refuting the Unreturned Equipment charge of $575 that MSD charged her on April 4th, 2012. On this same call, ******* asked her to send the shipment verification to us and the merchant did send this; however, the address listed on the verification she provided was not the correct address she was instructed to send it to. The merchant called ******* a liar and maintained the position that ******* told her to send the terminal directly to the address the terminal was sent from. The merchant also said that a man by the name of ******* signed for the package. She asked ******* to track the terminal down for her and ******* refused, as this is not something we are able to do for merchants if we were not the ones sending the terminal. It appears from notes on the iAccess account that Ms. ******* did in fact talk to iPayment on the 31st of July. They also verified on that day that they did not receive the terminal.
 
The merchant has requested the $575 to be refunded by MSD; however, we are unable to process this request at this time because her terminal is still missing. If the merchant is able to find the terminal and send it to our new address, we would be happy to reverse the entire charge. 
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
****************
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9118363, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
This is NOT My case.  My name is not ****** ******* and I did not have any contact with Merchant Services Direct in April.  I did not know the company existed until June.
Please reference the proper case file.

Regards,

******* ******* 




Business Response: Hi ****,
 
It appears the complaint ID on the email we sent you was not the correct ID. Please accept this email as our response to the ID referenced above for ******* ******* and ****** **.
 
The text message for this matter was the only piece of evidence we were waiting on before Ms. ******* filed her BBB complaint against MSD. Our Customer Relations Representative ******* ******* never received the text message and was therefore unable to help her.  Now that we have this text message on file, we are able to evaluate this case more closely.
 
The merchant is claiming they did not want the account, yet the paperwork and the agent say otherwise.  The text message is also not clear as to the subject matter of this complaint and therefore offers nothing to clarify the business transaction that occurred between our agent and Ms. *******. With that said, we are willing to waive their ETF as a courtesy, as the merchant is not able to have the doctor’s on the account.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
****************
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

8/7/2012 Problems with Product/Service
8/1/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Representatives came to my home to explain their services. I was interested but wanted to think about it. I did sign something which initiated whether I would qualify. I never received a copy of this "contract" I later found out was for three years with an early cancellation fee of 300 dollars. I was to follow up with the representative about my decision and to give him further information for the application needed. I did not follow up nor did he with me in writing or verbally. I received a letter that I was approved, received a merchant processor machine and a monthly charge. When I telephoned this representative and told him I didn't know I had agreed, he harassed me verbally stating I had.I asked to have the account closed, he said he would take care of it. He never followed through. Two weeks later I phoned the corporate office. They said they would call me the next day and get things started. They informed me of the contract fees. They never called back. I phoned again 6 days later and asked to speak with a supervisor. They explained the supervisor does not take calls. They insisted on early termination fees,return of the processor and paperwork to be signed,which I have not received. This process is going on now for 2 months. I need guidance on how to file a complaint with this company.

Desired Settlement: I just want to close the account, return the equipment, which was never opened or initiated/set up, early termination fee dismissed, apology for unprofessionalism and never hear from this company again.

Consumer Response: I sent a previous email dated July 30th that all issues of the complaint have been resolved. Unfortunately I would not recommend this business to anyone due to misrepresentation and unprofessionalism. Because of my constant persistence for them to make things right, they finally resolved charges that had been incurred to my bank account.

Thank you,
**** ******
dba *** *********** ***** *** *****

BBB's Final Determination: Consumer accepted resolution offered by the business.

BBB Comments: This response was submitted by the business:


Hi Joel,
 
In response to BBB complaint 9132718, we have consulted our records and have obtained a statement from the agent involved in this matter. It appears that this matter has already been resolved.
 
The merchant desired to close her account, return the equipment, have the ETF waived, and for the company to issue an apology. Our records indicate that this matter has been closed (see attached cancellation form), the ETF was dismissed, she was refunded all fees from the month of June, and she was apologized to by the agent involved.
 
MSD has had several of its employees working on this matter to ensure it got resolved with full participation from the agent. Unfortunately account cancellations, refunds, fee waivers, etc. do not happen overnight. We sincerely apologize for the delay in processing her account cancellation and waiver of fees; however, it does appear that we have done everything we possibly can to help her and any issues listed in her BBB complaint appear to be resolved.
 
Please let us know if there is anything further that we can do to assist this merchant in the resolution of her concerns.
 
Thank you,
 
***** *****Merchant Services Direct
Operations Manager
****************MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212
 

8/1/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: We truly regret the day we signed up with this company, Merchant Service Direct. In all our years of business we have never seen a company with more misrepresentations. The representative came into our shop with a sales pitch, that we later found was completely false. The contract had hidden fees we were told were to be waived. Then we were told we would receive a "free machine", but we had to pay a $375 set up fee, and our rates would be much lower than the rates we were paying at the time, and that there was no contract or cancellation fees. Our storefront is tucked on the side of a mountain, we explained at the time we needed a wireless terminal with a clear signal and good reception. We had to send back 3 machines because of no reception and for the 4th and last possible machine, Merchant Service Direct enlisted a third party leasing company, ******** ******* *******. At that point, we unknowlingly signed a lease agreement for a 4 year lease for a terminal that also doesn't work. Merchant Service Direct promised that the lease could be cancelled if this last terminal didnt work. After much aggravation, 4 terminals and countless hours on the phone with tech support, we had no choice but to cancel our service as we need a machine that will work to operate our business. We had no line more often than not. We have also made countless calls to try and resolve the problems, with no one caring to return them. We were told we were locked into a lease contract and could only replace the terminal for one that would work. They told us the 4th machine was our final workable option. We cannot run a business with a credit card machine with 'no line", and should not be locked into a contract by a third party leasing company. Now Northern Leasing Systems will not let us out of the contract for the machine that does not work, and they say that Merchant Service Direct needs to pay the lease off.

Desired Settlement: We would like to have Merchant Service Direct deal with the fraudulant lease and leasing company, Northern Leasing Systems, that they got our company involved since. We hold them responsible for the lease on a machine that will not work in our location.They lied about the lease saying we could still cancel at any time, without a fee, if the 4th and last choice credit card machine would'nt work.

Business Response:

Hi ****,

In response to BBB Complaint 9085153, we have reviewed our records concerning this merchant. As the agent who signed up this merchant is no longer affiliated with Merchant Services Direct, we are unable to consult her on this merchant’s claims.

First and foremost, we would like to make it clear that every fee the merchant has been charged is present on the application she signed. Additionally, as we have both a signed lease application and a verbal verification from this merchant agreeing to the terms of the lease, we object to the claim that the merchant “unknowingly” entered into any agreement.

With that said, we do acknowledge that this merchant has experienced extensive problems finding a wireless terminal that will receive service in their location, and due to this we are happy to cancel their lease. However, as the merchant had agreed prior to this complaint to accept a Vx510 terminal in lieu of a wireless terminal, we are unable to waive their early termination fee or issue any refunds at this time. We strongly encourage the merchant to contact us to further discuss installing a Vx510 terminal. If this merchant has any questions, she can call ###-###-#### for assistance.

Thank you,

***** *****

Merchant Services Direct

Operations ********************comMSDMerchants.com(P) ###-###-####(F) ###-###-####621 N ******* *** ***** ********** Valley, WA 99212

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Adminstratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9085153, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Regards,

***** ****

 

 

Business Response: Good Afternoon ****!
 
In an effort to address each of this merchant’s issues, we will respond in bullet form:
 
-          Merchant claims she is paying fees not listed on the application
o   As the merchant does not specifically mention which fees she believes to be absent from the application, we cannot verify this statement. If the merchant provides us with the specific fees she objects to, we would be happy to look into this further. As the agent on this merchant’s account is no longer with the company, we cannot verify if the merchant’s claims regarding the agent are valid, but we will reiterate that every fee this merchant was charged is present on the application she signed.
-          Merchant claims she was told she could cancel at any time
o   This merchant signed a contract with a $350 early termination fee, and completed a verbal verification in which she agreed to the terms of her non-cancellable lease. Due to this, we are unable to verify this merchant’s claim that she was unaware there would be charges associated with canceling her merchant account.
-          Merchant claims that we should cancel her merchant account if we are willing to cancel her lease
o   We are canceling her lease as a courtesy, despite the fact that it is normally un-cancellable. As we have provided this merchant with the means to process credit card transactions, we are unable to cancel her merchant account with no early termination fee at this time.
-          Merchant claims “She also said we agreed to a VX510 terminal in lieu of a wireless terminal; we agreed to no such thing!, we told her and ******* and many others that we had a wireless terminal with our previous credit card company and it worked fine, and that a terminal that needed a phone line would not work for us because we did not have a phone line and that would be another added expense, it was not an option for us, or part of the original agreement.”
o   We have attached the email that the merchant sent to one of our support representatives, asking for a dial up terminal.
-          Merchant claims we are not willing to waive a $1582.69 early termination fee
o   We are assuming this figure includes the cost of this merchant’s lease, and as we have already stated, we are canceling that lease at no cost to the merchant. The only early termination fee we will not be waiving is worth $350.
-          Merchant claimed she included correspondence with MSD with the complaint
o   We do not see any attached correspondence with this response.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
*************com
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9085153, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Regards,

***** ****



our response:

1-We decided to mail the attachments, as we realized they were very light print and would not scan and be legible, so they are on their way, we apologize the other information was not with our response. As we stated, the $29.95 fee was never on any of our monthly statements, it was higher monthly fee and different on each statement,.... and that is when we realized that "******** *******" was also billing us for this, not MSD. We were also never told we were going to be leasing a terminal from a subcontractor, or third party at the time of the lease when we signed with *******.
2- ***** is not aware that *******, and  her boss, **** ******* still said, despite the contract, that we were not bound by any time frame, because when she told us that the terminal lease was for 4 years, we said, we may not be in business in 4 years, and again, 'not a problem', just send it back to us...we now truly believe ******* told us what ever we wanted to hear, because what she said seemed to change often, we trusted a 'professional' who was supposed to be working with us, not against us!
3-We are confused with the difference between canceling the merchant account versus the lease?, as ***** made reference to. Please explain, we appreciate the courtesy of canceling our lease?, is that for the terminal?, and does that mean the fee for cancelation of the terminal lease is waived?, and do we now just owe the $350? as a final early termination fee?...we would appreciate a more thorough explanation. Thank you.
4-Neither of us recall ever requesting a VX510, we had always stood by our needing a wireless terminal as we did not have a phone line and didn't want the added expense to add one. ******* was very aware of that from the beginning of this, and assured us we would not have to go that route. ******* was trying to get us the 670 terminal with a dock and we were told it was unavailable, so we received the 610 instead, which did not have the dock, and at that point we just wanted a terminal that would work. We were told by tech support that we could get a dial up terminal, and we did have conversations about them, but we did not ever intentionally ask for one, we can't identify the type of terminal by it's numbers, so if there was a miscommunication about a VX510, we apologize. Again, it was offered as a last resort as a terminal that would work, but that was not the original agreement, nor an option for us. We also did not receive the email attachment from your last response.
5-The last issue addressed again is, if we understand it correctly, the 4 year early termination fee of $1582.69 for the terminal will be waived and we now owe a final fee of $350. Is that correct? 
Thank you.    ***** **** **** *****

Business Response: Hi *****
 
As we have stated twice before, the only early termination fee this merchant will be charged is $350, and that is if she decides to cancel her merchant account. This merchant signed two different contracts, one for a lease, and the other for a merchant account, which is essentially the ability to process credit and debit cards through our company. The lease, which again has been canceled as a courtesy, allowed to her to use a Vx610 for a period of time, in exchange for a monthly fee. This is the $29.95 fee present on the lease application, and is the fee the merchant agreed to in her verbal verification call. Regardless, she will not be charged this fee any longer, as the lease has been canceled. As the merchant is not disputing any fee regarding her merchant account, we are unable to waive the early termination fee at this time.
 
While the merchant claims she does not remember requesting a Vx510, we have provided an email from the merchant that clearly does just that. We advise the merchant check her sent folder in her email client to find the email we provided in the previous response, and have attached again to this email. I can see that this document was not attached to our response in the BBB portal, so we ask that it is attached in this response.
 
Thank you,
 
***** *****Merchant Services Direct
Operations Manager
************.com
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212
 

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9085153, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Regards,

***** ****




Consumer Response: *****, After reviewing all attachments and contracts, we appreciate that you have dropped the lease fees on the terminal, as we believed from the beginning of our agreement that we weren't bound to any early termination fees. ***** did not remember sending that email as it was back in early February after the first wireless terminal didn't work, it just wasn't going to be a possibility after finding out what the phone line would cost to install. This has been an extremely difficult situation from the beginning, and we were not disputing the $350.00 early termination fee on the merchant account, because we discussed that with ******* from day one that we could cancel at any time, with no penalties, and we signed that original contract on 1.12.12 , with the $350.00 fee crossed out by *******; it is what we agreed to. Under the circumstances as we are grateful that you are honoring her word on the terminal lease, and we didn't think this termination fee would be an issue either, we would be willing to pay half that fee even though it was crossed out on the contract . We would appreciate this compromise so we can all be done and put this behind us. Thank you for your consideration, Sincerely, ***** **** *** **** *****


Regards,

***** ****




Business Response: Hi ****,
 
We apologize for the discrepancy, but it looks like the ETF should be waived on this account.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
****************
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9085153, and find that this resolution is satisfactory to me. 

Regards, 


***** ****




BBB's Final Determination: Consumer accepted resolution offered by the business.

8/1/2012 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: We are attaching the letter we wrote to Merchant Services Direct regarding our complaint.On April 17th , we called to cancel our service with Merchant Services Direct and spoke to ********* at ###-###-#### because the sales representative that came to our office misled us with savings and fees. Through *********, we found out the sales representative also altered the contract from what we originally signed which made this contract a null contract by law. ********* said we will not have to pay any additional fees or penalty for our cancellation because there is no contract at this point. On April 26th, we finally received the email from ********* with the Close Merchant Account Request Form. We dont know why it took him so long to send a cancellation form after 2-3 requests. We sent the fax in to ###-###-#### PER the number on the form showing that we wanted to cancel our service effective 4/17/2012 when we first called in.On June 7th, we called into ###-###-#### to inquire why we received a bill from Merchant Services Direct for $193.95 when our account has been cancelled. We were told that we received this bill because we were still active for month of May since our form was not processed until 5/1. However, *******, the rep who we spoke with, told us to three-way call ********* the next day to get these fees waived if he has information about our correct cancellation date.On June 8th, we spoke to ********* who said he did not receive our fax on April 26th. We then discovered that the original email HE sent to us had the fax number for I-payment, and not his fax number for us to fax in our cancellation form. He doesnt understand why that happened but he said because this fax was sent to I-payment, it was not processed immediately per the original date we wanted to cancel. I asked ********* to contact I-payment with me and spoke to ***** who said she can only waive partial amount of the $193.95 bill. I talked to ******* who is *****s supervisor and she said she can not waive all fees and told us to write to Management for further consideration. We are asking for your help to resolve this issue because we find this to be very unfair. Errors continue to happen on Merchant Services Directs side, not ours. First of all, the sales representative lied to us about fees and tampered with the contract. Second, ********* sent us the wrong fax number for us to resend in the cancellation fax and that caused the cancellation to be delayed which caused additional charges such as PCI and monthly fees and the $5.95 insurance fee for the processing terminal which we dont even have anymore! Finally, we were merely with Merchant Services Direct as of 3/9/2012 which made it less than 6 weeks to the day we requested our cancellation. This short amount of time does not substantiate the fees that were charged to us when the contract has already ended. Please feel free to pull up all the recordings your company has for all the conversations we have had with you. Feel free to see when our services were no longer active with you to confirm the truth in the matter. We are asking for the entire $193.95 bill to be fully credited along with the $5.95 insurance fee for the processing terminal to our bank account. Please ensure no other fees are automatically deducted from our account. This letter serves as proof that we no longer authorize Merchant Services Direct to automatically charge our bank account.We do not feel this clear issue requires any additional time and money to resolve. Our legal advisor has asked us to contact your upper management so we can get proper service and accountability before further actions. We asked to speak to management higher than a floor supervisor, but was refused and was told for us to write instead. We are sure any corporate management will understand that a sale closure does not start with lies and deceit. If an employee under your management does not carry out their job properly or timely, those in charged will be held accountable. We hope the success of your company does not mean taking advantage of customers.Thank you so much for your time in researching this matter. Please contact us as soon as you can so we know this letter has been received to the fax that was provided to us which is ###-###-####.

Desired Settlement: All charges from date of cancellation was received should be credited back to our account.

Business Response: Good Morning!
 
In response to BBB complaint 9115614, we have consulted our records concerning this account. First and foremost, we would like to make it clear that we have already refunded this merchant $76.40, so we are unsure if this merchant is requesting $199.99 in addition to that, or if their new request is for $123.59. The refund we issued was $11.90 for May and June terminal insurance on 7/6/12, and $64.50 for the PCI annual fee. We refunded this prorated amount of $64.50 because, even had the merchant cancelled 5/1/12 – the date they sent in the cancellation form to iPayment – they would still be bound to half of the $129 PCI Annual Fee, per their signed contract (attached). The breakdown of the rest of the $193.95 charge is:
·         $25.00 monthly minimum discount fee (listed clearly on contract)
·         $5.00 statement fee (listed clearly on the contract)
·         $4.95 regulatory fee (listed clearly on the contract)
·         $30.00 PCI Non-Action Fee (listed clearly on both the contract, and there was a reminder on the April 2012 statement (attached))
 
In response to this merchant claim that they were given the incorrect fax number to submit their closure form, we can assert that they were provided with the correct number. We have attached the email that ********, the Customer Relations rep, sent this merchant on 4/26/2012 with their cancellation form. The closure form very clearly lists the Customer Relations fax number as where it needs to be faxed back to. The merchant admits that they used a fax that was provided to them in a separate email, but ******** had only ever sent one other email, their welcome email, which has the proper fax number, as well (attached). As they provided their form directly to iPayment somehow, they are subject to iPayment’s cancellation policies. The merchant called in to iPayment on 6/7/12 and the notes are as follows: “Merchant Truc called inquiring about additional fees, advise merchant it is for PCI annual fee which is on signed application and on April statement notification.  Merchant states they are not supposed to be billed, account is supposed to be closed. Advised merchant their closure request was received on 5/1/12 and it takes 30 days to process.”
 
As we can confirm their account has been cancelled, we can verify they will not be charged any further fees. However, as the merchant failed to follow the directions present on the account closure form provided to them, we do not believe we are liable for any costs incurred due to their error. We already also waived their Early Termination Fee of $350.00 (listed clearly on their signed application) on 4/18/12 as a courtesy. We are not able to offer any further concessions.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
******@msdnw.com
MSDMerchants.com
(P) ###-###-####
(F) ###-###-#### *** * ******* *** ***** ***
Spokane Valley, WA 99212

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9115614, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.


We have the original email that ******** sent to us for the cancellation paper.  Where can I forward this message to so Merchant Direct Services can see that the email he sent is a computer application that has a variable on the fax number?  That number was not the number directed to ******** at the time he sent us the email, but to ipayment.  So this is Merchant Direct Service's internal problem that cause the error that we sent in to ipayment.  We did not talk to anyone at Merchant Direct Services except Dominique during the April time frame regarding our cancellation.  It is obvious that we got the wrong fax number to ipayment from ********!  You can see if you can find any recordings that we got a fax number for cancellation from anyone else but ******** since all calls are recorded.  ******** said it was to be handled immediately, not 30 days from receipt of cancellation date.  How the cancellation got to ipayment is your internal problem, not our mistake.

Since we were misled into this contract by representative because she said their was no type of annual fees or monthly fees and she also tampered with the contract after we signed, we do not feel we should be responsible for any of the PCI charges.  Since we did talked to ******** about our cancellation since 4/17th but did not receive his cancellation form email until 4/26, we do not feel we should be responsible for any of the PCI charge.  Since the April's bill with the information regarding PCI charges was sent to us in May which is AFTER all the cancellation was SUPPOSEDLY handled already, we do not feel we should be responsible for any of the PCI charges.  You handled our business for less than 2 months, we do not feel we should be responsible for the PCI charges that came after we discussed cancellation already.

We are requesting the entire $193.95 PCI bill to be credited to our account.

Thank you so much for your time.

 

Business Response: Hi ****,
 
There is no need for this merchant to forward the email that contained the cancellation request, as we attached it to our original response. We are not sure why this email was not attached in the BBB portal, but we have attached it to this email again for clarification. As you can see, the fax number in both ********’s signature and on the Account Closure form is ###-###-####. Had the merchant submitted their closure request to that fax number, Merchant Services Direct would have received it, not iPayment. Due to this, it is clear that submitting their account closure form to iPayment was a direct contradiction to our instructions, and therefore we are unable to refund any of the fees they were assessed by doing so.
 
Thank you,
 
***** ***** Merchant Services Direct
Operations Manager
******@msdnw.com
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** *** Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

7/30/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: This Company opened a new office at ***** ******* **. ***** *** *******, Texas 75001. A salesman called on me to change my credit card server at a better savings than my last. Since I've signed up June 1, 2012, I've called the salesman's office at least 15 times to see why everything he told me hasn't happened yet. He was going to see that my old server was cut off , he was going to send me new gift cards , he was going to come the next tuesday to set everything up. I have not heard from him since the first day I saw him. I called his main office in Spokane Valley, Wa.I have talked to a woman named ******* For the last two weeks she said she left message for the salesman to call everyday, If he didn't call she would take care of it, but everyday she doesn't know anything but she was still checking. I've lost money on this good money saving deal. Please see if you can stop this from happening to other people.

Desired Settlement: That I can talk to somebody that can help me, plus an explanation on why it's happening , and for them to do the right thing. And to make sure that they or not crooks.

Business Response: Good Afternoon! 

In response to BBB complaint 9054734, we have reviewed our records and consulted the agent who set up this account. First and foremost we would like to apologize for any oversight on our agent’s part concerning proper communication with the merchant.  In response to the complaint submitted, each complaint is broken down and our response is provided, followed by our offer of resolution.

 1.        Agent was going to see if his old server was cut off

a.       We cannot confirm if this happened – our reps are not authorized to close other merchant accounts on our behalf.

b.      Our notes state that our CR rep called the Dallas office on 6/13/12 and spoke with the receptionist who stated the agent faxed the previous cancellation forms to the previous processing company that day.

2.       Agent was going to send him new gift cards

a.       Our IT support spoke with merchant regarding his custom gift card order requesting that he submit a template and not a picture of the design.  The merchant said the agent claimed this was free but **** explained the custom cards were not free. Email was sent to Customer Relations to get them up-to-date with the situation and to give him a call.

3.       Agent was going to come by next Tuesday to set everything up.

a.       We cannot confirm or deny that this was the case. It is our standard practice that reps do not go the merchants’ locations to setup terminals, but we have tech support line that is dedicated to this. That number is ###-###-####.

4.       Never heard from him and he is ignoring the merchant.

a.       ***** ***** is no longer an independent contractor for MSD. We are happy to help him through our Customer Relations department.

5.       Talked to ******* several times who couldn’t do anything for him.

a.       ******* spoke with the merchant on many occasions and attempted to help rectify the situation. The merchant would constantly not let her get off the phone, repeatedly saying she was doing nothing to help him.

b.      We have pulled the recorded calls for each instance the merchant called in and spoke to MSD employees.  The calls determine that ******* did follow protocol and was repeatedly told by the agent he would be contacting the merchant.  The merchant did not mention an issue with his gift cards until the 2nd call with ******* on 6/13/12.  ******* immediately notified the agent and the owner of the Dallas office.  Unfortunately there was an issue with the gift cards order because they were custom. 

In an attempt to meet this merchant’s listed desired resolution, we have assigned our Customer Relations Supervisor, ******* *****, to his account. Her contact information is ###-###-####. She is ready and willing to assist him in getting this resolved. In regard to their previous processing account, we are not authorized to handle these things, so the merchant needs to call them to verify his previous processing account has been cancelled. Additionally, the merchant can tech support to resolve any other issues he has with operating his terminal. In regard to the gift cards, once we are provided with the template for the merchant’s gift card design, we can board their gift cards and send them out rushed.  Or, in the alternative, since the merchant was unable to provide us with the digital template through our previous conversations with him, we are offering to give the merchant 100 standard cards for free.  He can try these out and we can work on other negotiations for custom cards if he wishes to do so in the future.

 

Additionally, in order to remedy the situation in favor of this merchant, we are willing to not only refund any month end fees that are assessed for the month of June, but we will also lower this merchant’s rates by 10 basis points and $0.02 per transaction, which would save the merchant approximately $10-$15 per month more than the original savings quoted by the rep at the appointment. We do not have a full processing statement on file for this merchant’s previous provider, so we are not able to confirm at this time how much savings overall this merchant should experience. We are would love to provide that information if the merchant can send in a full statements with all pages, front and back.

 

We would like to point out that this merchant called us over 200 times Thursday (6/28/12) evening, after our office was closed. We find this a little concerning as the law would constitute this as harassment.  We understand the merchant is not happy, but we ask that he please refrain from calling more than one time per day, unless otherwise validated.

 

Again, we sincerely apologize for the lack of follow up this agent provided this merchant, but we are committed to upholding the highest levels of customer service here at MSD.  This merchant is now assigned to the highest person in our Customer Relations department in order to ensure he is properly taken care of. We have attached a copy of this merchant’s contract and other documents we have on file that he has executed as well.

 

Thank you,

 ***** *****

Merchant Services Direct

Operations ***********************************.com(P) ###-###-####(F) ###-###-####*** * ******* *** Suite 100Spokane Valley, WA 99212 

Consumer Response:

Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID 9087989, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 

Regards,

***** *****

 

The reason for rejecting the response, is that it is packed full of lies as was the complaint to start with.

 

1.  Salesman told me he would cut the old server off, he gave me two cancel permission  slips to sign so he would have permission to do so.  As for as me call the Dallas office numerous times is a lie, no one ever answers the phone.

2.  About the new gift cards the salesman told me that they would furnish all gift cards free for the life of my contract, I didn't know they were going to cost until I talked to the gift card man a week ago.

3. No agent has ever come by or talked to anyone at this store since the salesman first came in.

4. They told me that ***** ***** was not there last time we talked.

5. I have talked to ******* several times to try to get something done, nothing was ever done, always I will try.

As far as me calling someone 200 times in one day is a joke, a total lie and especially after hours as they state. and is common from that merchant.  I think my phone records and theirs will very much show that.

The salesman told me the contract was for one year only as they don't sell anything above that.  Come to find out they tell me itwas for three years, another lie from the salesperson.

There were witnesses to everything the salesman said, as for the contract which I signed I did so with out reading, because I didn't have a magnifier to read with, I went with what the salesman said.

As far as the new person in charge of my case, I still have not heard from anyone from that company.

At this point, I want away from this crooked company.  You know you've had these same complaints before about this company.

 

*** *****

Business Response: Good Afternoon!
 
In response to Mr. *****’s rejections to all of our offers, we will respond to each:
 
1. In regard to cancelling his old account, we are unsure as to what exactly the merchant is requesting us to do. It is against our company policy to handle cancelling old accounts for prospective merchants; however, from what Mr. ***** communicated to us, it appears our agent ***** ***** offered to do this for him as a courtesy. In reviewing the recorded calls with our Customer Relations department we believe that ***** ***** did in fact turn in the cancellation documents to Mr. *****’s previous processor. Since we are not authorized to call his former processor to verify the account is closed, all we are saying is that Mr. ***** must do this himself. In regard to the 200+ calls to our Dallas office, the calls were actually made to our Spokane corporate office. We admit that there may have been an issue with our call queue, but as we cannot verify whether or not this was the case, we are willing to accept this merchant’s claim regarding this issue. 
 
2. Gift Cards: We have an ACH form on file that Mr. ***** signed agreeing to the gift card fee.  We attempted to get a statement from his agent; however, he is no longer with us. That is why we offered him free standard gift cards.  If he wants a customized order, he will need to have a digital image. This has already been explained to him by numerous representatives at MSD.  However, since he did state at the end that he wants to cancel, we are willing to do so. Due to the discrepancies with the gift cards, we are willing to waive the early termination fee associated with the gift cards (not the merchant account).
 
3. Our response to him was that we could not confirm our agent told the merchant he would come by to set up his machine. All we can confirm is that it is against company policy for agents to go to merchants’ locations to set up terminals.
 
4. Customer Relations would be happy to assist him with the cancellation of his account.  See the attached cancellation form to start this process. When this is complete, please fax to our Customer Relations fax line at ###-###-####.  We also have a free placement form on file that indicates he possesses a terminal that is MSD property once he cancels his merchant account.  Mr. ***** will need to mail back the terminal to *** * ******* **,***** **** ******* ******* ** *****. Additionally, there is a $350.00 early termination fee for this account. For any further assistance with cancellation, he can contact our Customer Relations department at ###-###-####.
 
We have offered this merchant upgraded customer support, free gift cards, negotiations for custom cards, refunding month end fees for June, lowering the merchant’s rates by 10 basis points and $.02 per transaction. We are unable to offer any further concessions to this merchant for this matter.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
****************MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* **, Suite 100
Spokane Valley, WA 99212

Consumer Response:



Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9087989, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.


Regards,

***** *****

In responce to Arial Allen's last response . So far nothing that Arial has said or promised has happened the same as all the stuff the salesman told me he was going to do. Everything sounds real good when your responding to BBB about a complaint from someone, but have they done what they said they were going to do ? NO NO NO  They said they going to assign a new rep to help me , I have not heard from anyone, I mean nobody, but according to ***** ***** they are doing everything for me and I'm being a Butt and calling 200 times a day , Please check the phone records and you'll see why I call this company a liar. I cannot trust this company and I want out . I don't think I should have to pay to get out of this crap since They have done nothing that the asalesman told and all my witness's.  
I asked a few weeks ago how much it would cost to get out . I was told they would not talk to me about it, that I had to go through  the BBB.

                                                          I hate to complain to someone other than the one involved . Thanks for trying but be careful of all the bullcrap from both sides.                                                                  

*** *****


Consumer Response:

Better Business Bureau:

I would like to reject the offer of Arbitration or Mediation for complaint ID 9087989.

Thank you.

On advise and in  my own mind I feel that it is best to go to court . This way it's out in the open what this Copmpany does, and maybe it will get some good news coverage about this company and the way they do Business. It's not to smart to spend 10,000.00 to get 350.00 back but its worth that so no one else can get hurt by them. I will pay them their $ 350.00 ,and try to get it back later if they tell me where to send it.

There is another reason I choose not to use arbitration , I got a call from the B.B.B. asking me to join them and pay a yearly fee, they told me as a member you the B.B.B. would help a member against a complaint and not the one who is not a member. I wonder about that a lot. I thank you for what you've done but I can't get over the lies that the Company told you and me and you have not commented on it. But I still thank you even though nonthing has change and you know they,ve had trouble like this before and continue to do business in same manner.

                                                                                            ***** *****

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

7/27/2012 Problems with Product/Service
7/24/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I was told by the agent that sold the product to me that there was NO CONTRACT I did not read the fine print when in fact I was signing up for a three year contract with an early termination fee of $300.00. The salesman was also deceptive about the monthly fees. She was not disclosing any of the information that was pertinent.

Desired Settlement: I want a waiver of the $300.00 early termination fee and an explination of the PCI compliance fee so I don't incur any of those fees as well.

Consumer Response: Business name is ******** ********

Business Response: Good Afternoon!
 
In response to BBB complaint 9114217, we have consulted our records concerning this account.   The merchant has called in to our corporate office a few times concerning this account and has expressed the same concerns listed in her complaint.
 
Since the agent involved is no longer with the company, we were not able to obtain a statement from her. In regard to the merchant’s allegation that the agent lied to her about fees in the contract, the only piece of information and/or documentation we have to rely is the contract that was executed by ******** ******** on May 4th, 2012.  The contract is attached to this email.
 
In regard to the monthly fees, after reviewing the recorded calls, our Customer Relations representative attempted to work with the merchant in lowering her monthly minimum fees to an affordable rate of $10 per month. The last time we heard from her, 7/5/12, she was going to weigh her options and call our Customer Relations department back with her decision. Our Customer Relations representative sent the merchant the cancellation form via email on 7/5/12. The merchant did not call back after July 5th, 2012 but filed this BBB complaint instead.
 
The merchant has requested a waiver of the ETF and an explanation of PCI compliance. Unfortunately, we are unwilling to waive the $350 ETF Fee. This was explained to her by our Customer Relations department. We are willing to offer to lower her monthly minimum fees to make the service more affordable for her; however, she has rejected the offer.  Pursuant to her request to cancel her account, please see the attached Account Closure form.  Also, I have attached an explanation of what PCI Compliance is and how she can become PCI compliant in order to avoid any non-compliance penalties with Merchant Services Direct.
 
Thank you,
 
***** *****
Merchant Services Direct
Operations Manager
******@msdnw.com
MSDMerchants.com
(P) ###-###-####
(F) ###-###-####
*** * ******* *** ***** ***
Spokane Valley, WA 99212
 

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

7/9/2012 Problems with Product/Service
7/5/2012 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: The sales person ***** kept assuring me over and over that I was not signing into a contract, that he simply needed my signatures and all this information to make sure I am QUALIFIED so we do not waste each others time. I kept telling him I do not want to sign a contract or anything yet until I get some things figured out, he completely lied to my face and said I was not signing into any contract. The next week I get a credit card processing machine in the mail and a call from ***** saying he would be there on Tuesday to go over everything with me. Little did I know, he submitted all my information and put me into a contract like he promised he wouldn't! Then when I talked to my company I am already with, they said that there rates aren't even beating theres. I also got a charge for $195.99 on my account and was then told that I was signed up for gift cards at $29.99 per month and would cost me $150 to cancel that! They could do absolutely nothing for me over the phone. I totally got tricked and scammed into this. The salesman completely lied to my face and had me rushing through everything, acting as if it was just a qualification process. He never showed up to his appointment with me either like he said! He just submitted and signed me up for everything without my approval.

Desired Settlement: I want a refund of $195.99 I was charged, and I completely want out of the contract with NO FEES being charged to me in the future. I was tricked into it and was given verbal promises that I was not signing up for anything until he came back to talk it over with me, which he never did. I did not approve this to happen and I want all my money back. If not, I have no other choice but to spread the word all over the internet and to all the merchants I know and share my worst experience ever!

Business Response:

Good Afternoon!

In response to BBB complaint 9065447, we have reviewed our records and consulted the agent named in the complaint.

When contacting our agent concerning this complaint, he informed our office that the complaint arose from a misunderstanding of fees, and he had resolved the issue with the merchant personally. We would love to hear from the merchant if that is not the case, and she can respond to this complaint if she needs any further assistance, or she can call ###-###-####.

Thank you,

***** *****Merchant Services DirectOperations Manager******@msdnw.comMSDMerchants.com(P) ###-###-####(F) ###-###-####*** * ******* **, Suite 100Spokane Valley, WA 99212

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Adminstratively Resolved]

Better Business Bureau:I have reviewed the response made by the business in reference to complaint ID 9065447, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I was told I would be given a refund and I have still not received the refund. I would also like to be completely taken off of any contract that may have been submitted without authorization, without the $350 cancellation fee because it was never supposed to be submitted. I would like all of this in writing before anything is resolved.

I also need to know the steps I need to take to get this accomplished.

Regards,

******** ***********

 

 

Business Response:

We genuinely apologize for the miscommunication, but it appears that this merchant’s agent did put in a request to lower this merchant’s rates, waive the merchant’s annual fee, refund this merchant’s $195.99 set up fee, and cancel this merchant’s gift cards at no cost. Unfortunately, this request did not make it to the appropriate channels until now. This is our mistake, but we hope that in light of this, the merchant will be satisfied with their account.

Thank you,

***** *****

Merchant Services Direct

Operations Manager****************MSDMerchants.com(P) ###-###-####(F) ###-###-####*** * ******* *** ***** ***Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

6/21/2012 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: I set up a merchant account with ***** ****** on March 3rd. The next day, I sold the business and contacted ***** to cancel the account setup process. I was told that would not be a problem, there would be no charges, and that it would be taken care of. On the 13th, my account was charged $595 for the equipment. I called ***** and several other numbers that I was given for Merchant Services Direct and was either ignored or transferred to a voicemail that is supposed to be the "closing department". I finally talked to a **** ******* who told me that she would get the account closed. 3 months later, the account is still open. After much more phone time and runaround today, I was finally contacted by a ******* ***** who is supposed to be sending a cancellation form, but I am now being told that the machine sale is non-refundable. It was never supposed to be charged in the first place!

Desired Settlement: $595 charged for the equipment to be reversed. Equipment is boxed up ready to be returned when charges are reversed.

Business Response:

Good Afternoon!

In response to BBB complaint 9066983, we have reviewed our records and consulted the agent named in the complaint.

Our agent verified that the merchant contacted her to withdraw the application he signed due to a business closure. She did so, however a week later she received a message from the merchant asking her where his machine was. As the merchant expressed an interest to open an account and receive a terminal, she submitted the application to our corporate office, and the merchant’s account was set up. We have attached these phone calls to this email.

We have also consulted **** *******, the Partner Support representative mentioned in the complaint. She revealed that she had worked extensively with this merchant concerning his FD200 terminal. This merchant had claimed that he never received the machine, and that the address listed on the application did not belong to his business. Not only do we have proof that the merchant received the machine, per the phone calls provided and extensive notes through our parent bank, we have also verified that the address listed on the application is in fact correct.

In light of the repeated inconsistencies we have experienced with this merchant, we are not willing to provide any refunds, and his terminal is his to keep. We have attached an account closure form to this email, and as the early termination fee on his contract was waived, he is free to cancel at no cost.

Thank you,

***** *****Merchant Services DirectOperations ManagerAallen@msdnw.comMSDMerchants.com(P) ###-###-####(F) ###-###-####6** * ******* *** ***** ***Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

6/20/2012 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: On 4/19/12 I had a visit from ******** **** and her daughter from Merchant Services Direct. She told me her company was a direct processor and cut out the middle man, so she could save me some money. I gave her my current contract and past credit card statements to review. After looking everything over and writing down some numbers she determined she could save me $200-300/month. My current processor has a $250 cancellation fee, but she said that was no problem, I could just tell them I was going out of business and needed to close my account. If that didnt work, I would be saving so much money, it wouldnt matter. She also said repeated that Merchant Services Direct is a month to month service with no cancellation fee. She suggested I go ahead and sign all the paperwork to get things started since it would take a couple of weeks. Again month to month no cancellation fee! A few days later, I received the terminal and my welcome packet from Merchant Services. I called ******** and told her I was surprised the terminal came so quickly, I needed 2 terminals and I wasnt able to cancel my other service without a fee. She said only one terminal was provided free, I would have to purchase a second, she too was surprised they approved it so quickly and now I would have to deal directly with the company to make any changes. I sent the terminal back on 5/7/12 with a letter of cancellation. My bank account was debited $14.35 on 5/1, even though I never even plugged the terminal in or processed a single transaction. I called customer service, left several messages that were never returned. I finally got a call from ******* saying they had received my terminal and I would be charged a $350 cancellation fee. ******* called yesterday, 6/6, and said she wasnt able to waive the fee and I would be charged the $350. I asked if I could speak to her supervisor and was told that she was unavailable because she was too busy. I then called ******** and began by saying I was very disappointed, to which she hung up on me.

Desired Settlement: Return of $14.35 taken out of my bank account and waive the $350 fee.

Business Response: In response to BBB complaint 9069802, we have reviewed our records and consulted the agent named in the complaint. We apologize for any miscommunication that has occurred between our agent and this merchant. Our agent claims that she never hung up on the merchant, and the phone call in question was disconnected due to poor cell phone reception. Our agent further claims that she spoke with the merchant after the fact, and informed the merchant that she could contact our Customer Relations department for any and all questions she had about her account. Due to this confusion, our agent has agreed to waive the merchant’s $350 early termination fee, and as she has already submitted her closure form, her account will be closed without assessing that fee. According to our agent, this merchant was aware she had an early termination fee with her previous processor and decided to sign with our company anyway due to the amount of savings she would experience. We have attached this merchant’s contract, which only lists one terminal, and our agent is correct in stating the merchant would need to purchase a second terminal if she required one.  The fees the merchant describes are all listed in the contract she signed. As the merchant did not provide previous processing statements, we cannot verify how much she would save with our company. However, as the merchant did not dispute the fact that we would provide her with savings, and the merchant was fully able to processing during the time her account was open, we cannot offer any refunds of her processing fees at this time. Thank you, ***** *****Merchant Services DirectOperations Manager******@msdnw.comMSDMerchants.com(P) ###-###-####(F) ###-###-####*** * ******* **, Suite 100Spokane Valley, WA 99212

Consumer Response:

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9069802, and find that this resolution is satisfactory to me.  Regards,

 

 ***** *******

 

 

 

BBB's Final Determination: Consumer accepted resolution offered by the business.

6/13/2012 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: Hi, I own a business and I keep getting bug by this guy that work for merchant direct , hopefully someone can help me out by giving me some advice. Well, one day a guy name ***** ****** came in my business and said he was sent by merchant direct. I told him no thanks, I am not interested. Then he claimed to be a person with the merchant services not the third party, so I should deal business with him directly instead of going through the middle person. I told him no please leave, and got all mad and talk so loud disturbing my customers. After few weeks gone by, he came back and said he have an appointment with the owner about the merchant in which i told him i dont have any appointment especially with you. Then he said well Im here to save you some money, i repeatedly told him to leaves more than 10 times and he refuses. And we started to arguing back and forth. Making me look so bad in front of my customers. I was hoping will there be a solution to prevent him from coming? even if i have a sign posted no solicitor. I dont want to deal with him or this company in another few weeks if they are planning to come back and disturb my business. Someone please give me some advice to get this company off my business. Thank

Desired Settlement: Please have this company stay away from my business area and do not enter to bother me. They keep bugging me, and refuses to leave without arguing for 5-10 minutes. Makes me look so embarrass in front of my customers. This is not the first time, I am so tire and sick of this company for bugging my business. Hopefully they wont come back.

Business Response:

Good Afternoon!

In response to BBB complaint 9053071, we have consulted the agent named in the complaint.

Our agent asserts that he never raised his voice in either of their two meetings. Our agent admits that he made a mistake in returning to this merchant’s business after the merchant expressed a lack of interest in working with our company – the agent simply forgot he had already met with the merchant. We deeply apologize for any inconvenience caused to this merchant, and our agent will keep better track of who he has met with in the future.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

******@msdnw.com

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

*** * ******* **, Suite 100

Spokane Valley, WA 99212

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9053071, and find that this resolution is satisfactory to me.  As long as they stay away from my business.

 

Regards,

 

 

**** ******

 

 

 

 

BBB's Final Determination: Consumer accepted resolution offered by the business.

6/12/2012 Problems with Product/Service | Complaint Details Unavailable
6/7/2012 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: On March 1, 2012, I signed an application to begin using Merchant Services Direct based on their sales representative's (Mr. ***** ********) false promises of $800 to $900 savings per MONTH in credit card processing fees. ******** said explicitly and I wrote, "I could cancel any time, no Fee." Only after Merchant Services Direct withdrew from my bank account $1346.17 for set-up fees, insurance, and a PIN pad, did I receive their fee schedule. After conducting further research, I realized that at most, I would save $150 per YEAR. With set-up fees taken into consideration, I would lose money. I am requesting an immediate refund of the $1346.17 that Merchant Services Direct withdrew from my bank account on 4/24/2012. I have sent a letter canceling my contract and requesting a refund for the full amount to their office in Spokane via FAX and Certified Mail.

Desired Settlement: I have requested written notice of their agreement to cancel my contract and a full refund of $1346.17

Business Response:

Good Morning!

In response to BBB, we have reviewed our records and consulted the agent named in the complaint.

First and foremost, we would like to make it clear that we had already began to refund this merchant $400 before this complaint was issued, and the merchant was well aware of this fact. We are unsure as to why she is requesting a refund in the amount of  $1346.17 given that she was aware that she would be receiving $400 back already. This merchant also claims us with no evidence that this is true. We request that she please provide us with her previous processing statements so that we can accurately assess her savings with MSD.

We also object to the claim that this merchant did not receive a fee schedule until after she was able to start processing. The Fedex tracking number for this merchant’s terminal and welcome package (which includes a fee schedule) was ************, which shows that the package arrived at its destination on April 20th, 2012. This merchant’s set up fees were not charged until April 24th, as she admits, and this merchant’s processing fees were not charged until May.

Finally, this merchant claims her agent told her she could cancel her account at any time with no fee. Our agent disputes this claim, and a $350 early termination fee is present on the document this merchant signed. Over the course of this merchant’s complaints - before this BBB complaint was submitted) - she was willing to stay with us and renegotiate her pricing with simply the $400 refund. The merchant expressed to our Customer Relations Specialist, ******* *****, that she looked up MSD online, found bad reviews about us, and then immediately changed her mind. When we expressed that we were only going to honor the offer as agreed upon, she filed this BBB complaint, requesting refunds for everything she has paid, as well as an ETF waiver. We would like to reiterate that we would like to continue to work with her to resolve any problems she may have, but we are unable to provide any concessions further than a full refund of her setup fees.

 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9033114, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

The response from Merchant ServicesDirect is totally inadequate. It appears that Ms. ***** has either neglected to read my initial complaint or she is skirting the matter. In the document that is attached to this email message, I am providing documentation or evidence that MSD withdrew $1346.17 from my bank account before I received their schedule of fees. Ms. ***** refers to a shipping date as evidence that I had received their information. The date to which she refers was for the shipment of equipment (the visa machine and a PIN pad) NOT the welcome letter and schedule of fees, which were sent via the U.S. Post Office. Please see the enclosed evidence of this in my attachment. The $400 refund does not resolve my complaint. I am requesting written acknowledgement of the cancellation of my contract and a full refund as (again) explained in detail in the attached letter. Given their business practices, I want to sever all business ties with this company. I am concerned that, in spite of the fact that I have given notice of cancellation and have never had my visa machine re-programmed for MSD's processing services, and never conducted a single sale through MSD, they have begun charging monthly Statement Fees by withrawing the fee from my bank account. I want clear evidence from the company that my contract is cancelled and that they have no authorization or right of any kind to make any further charges or withdrawals from my bank account.

Thank you for your assistance.

Regards,

 ******* **********

 

 

 

Business Response:

Good Afternoon!

First and foremost, we apologize for the miscommunication regarding when this merchant received her fee schedule. It is not standard practice for our bank to send the fee schedule separately from the terminal, and we apologize for not verifying this fact before we responded to the complaint.

With that said, we object to a number of points this merchant raised in their rebuttal. We neither “neglected to read [her] initial complaint or [are]skirting the matter.” We have addressed this merchant’s issues and offered a full refund of this merchant’s set up fees, equaling $1,300.00, not $400. We mentioned in our response that this merchant had already received a $400 refund, and we stated the following: “We would like to reiterate that we would like to continue to work with her to resolve any problems she may have, but we are unable to provide any concessions further than a full refund of her setup fees.” We are in the process of submitting this refund now. However, we are not willing to waive this merchant’s early termination fee, or any processing fees, until she provides proof of what she paid with her previous processor in the form of processing statements, as we cannot accept an email from someone claiming to be from a credit card processing company that we cannot verify this merchant ever worked with. We also cannot accept this merchant’s handwritten notes about her conversation with our sales agent, as we cannot verify that this merchant’s notes reflect anything our agent told her.

We would like to make it clear that we are making every effort to verify this merchant’s claims, and we are disappointed that this merchant has both taken a combative tone in her rebuttal, and has even gone so far as to file an Attorney General complaint before we could respond to her BBB complaint. This merchant has been asked numerous times to verify her claims in the form of previous processing statements, both before and during the complaint process, and she has yet to do so.

Thank you,

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9033114, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.June 2, 2012 **** ** ********,?Program Specialist 3Consumer Protection DivisionATTORNEY GENERAL OF WASHINGTON103 East Holly Street, Suite 308 Bellingham, WA 98225-4310 Joel Oscarson, Resolution ModeratorBetter Business Bureau152 S. Jefferson, Ste. 200Spokane WA 99201 ***** *****, Operations Manager

Merchant Services Direct

*** * ******* *** ***** *** Spokane Valley, WA 99212 Re: Merchant Services Direct rebuttal to BBB Complaint ID 9033114   and Attorney General of WA File # 409203, Merchant Services Direct LLC (World Wide Solutions Systems), Northern Leasing Systems/Golden Eagle Leasing and iPayment/Integrated Card Service  Dear Mr. Oscarson and Ms. ********: This is my in response to Ms. ***** ***** regarding the above referenced matter. Dear Ms. *****, I gave you my written cancellation notice in my letter of May 9, 2012, and yet you keep making reference to wanting to work with me.  I am, and have been, beyond that point ever since I realized that your business practices and charges were unethical.  The three proven reasons why: 1)    ***** ********, your salesman first made up a contract for a $1500.00 set up fee, new visa machine and pin pad.  He later "gave me a $200.00 discount because he said, "I did not need a new visa machine since he could reprogram mine".  I know that visa machines cost $400 to $500 so I questioned the "discount" amount.  He said that it was for Insurance on my account for protection against possible fraud.  Soon after, a Visa machine and pin pad were received at my office.  I called Mr. ******** to ask why and he claimed that the Visa machine was free and was just a backup for my existing machine. In calling your Customer Service representative, *****ti *****, she looked at the invoice amounts of $1346.17 and saw that he had overcharged me for the set up fee by $400.00 (your cap is $795.00). She said and I quote, "he probably threw in the Visa machine to cover his overcharge".  According to *****ti *****, when she told ***** ***** this, she got into trouble for having given me this information.  At this point, I knew that I did not want to do business with Merchant Services Direct. 2)    You have admitted that I did not receive the fee structure for Merchant Services Direct until after you withdrew your set-up fee of $1346.17 from my bank account.  Therefore, I had no way of knowing how your fee structure actually compared to that of my current credit card services organization until you already had my money.  Why would I pay for something before knowing what I was paying for?  I am not sending you my processing fees from Chase because I do not want to do business with you.  How could I trust a company that operates in this manner? 3)    I have explained repeatedly that your sales representative, ***** ********, made what I consider to be fraudulent and intentionally deceptive claims that I could cancel my contract at any time without paying a fee.  Ms. ***** suggests that this is a matter of “he said, she said”.  I beg to differ.  My manager was with me when ******** made this claim and has confirmed that ******** made this claim several times.  In addition to having a witness to this claim, I wrote it on a piece of paper, along with my other notes from that initial conversation with ********.  In other words, I have evidence of this blatantly deceptive sales practice.  I would not have been inclined to sign the agreement had I been told of a cancellation fee. What I get from your statement is that you will refund my FULL $1346.17 minus the $400.00 already refunded to me (when you realized ******** had defrauded me for that extra amount plus tax Set UP Fees) only if I do business with you.  I will not do business with you.  I have cancelled. Send me back my money please.  And delete my routing number from your business with a cancellation letter.  And know that if your customer service policies and ethics allow you to keep $350.00 of my money after the unscrupulous things you and your salespersons have done to me then be prepared for this story to go viral to internet rip-off sites and advisors, as well as being registered with the BBB, Attorney General and any other agencies that have regulating authority over your organization.  It would be my only recourse.  Please act with a fair conscience.  This is my final rebuttal. In order to avoid any misunderstanding, here is how I stated it in my closing paragraph from my previous request:  I am requesting a full refund of the $1346.17, (plus $6.54 April Statement Fee, minus the $400 refund already received) a pre-paid return shipping authorization for their visa machine and PIN pad and written cancellation of my agreement as evidence that


 

Merchant Services Direct (and all affiliates including Northern Leasing Systems/Golden Eagle Leasing and iPayment/Integrated Card Service) are no longer capable of making withdrawals from my account. Sincerely,    

******* **********, Owner, President 

*** **** *** ***** *** ******* *** *** * *** *********Winthrop WA, 98862

 

 

Business Response:

Good Morning,

We have made it clear that none of our refunds are predicated on this merchant maintaining her processing account with our company. We have reviewed all of our responses, and we are unsure as to why this merchant believes her full refund is dependent on keeping her account. We have already refunded an additional $900 to this merchant, and this is another fact she was aware of before she wrote this response. Her account has now been closed and will be charged the $350 early termination fee later this month.

In response to this merchant’s claims that she had no way of knowing what she would be charged before she received the fee schedule, we assert that every fee she would ever be assessed was present on the contract she signed. When the merchant signed the contract, she knew then what she was paying for, and it was only until later that she decided she didn’t want our services.

If this merchant declines to provide us any proof of the fees she was paying with her old processor, that is her prerogative. However, as we have made it clear, without solid evidence to back up her claim that she is only saving $150 per year with our company, there is no chance we will waive the early termination fee. As I’m sure any business owner would understand, we cannot make decisions based on accusations we have no evidence for. If we did that, every one of our customers could get refunds and/or close their accounts at any time by claiming their representative did something wrong. As far as we can tell, this is the first time this merchant has mentioned anyone was with her during her sales appointment with our former agent, and regardless, the only actual proof we have on this matter is the contract she signed.

We want to make it very clear that this merchant’s account is canceled, the full setup fee has been refunded, and there will be an early termination fee assessed. This merchant is also responsible for month end fees for May, as she submitted her request to close during the month of May. This merchant should ship back her terminal and pin pad at her earliest convenience to the address listed in my signature.

Thank you,

 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9033114, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Dear Joel and ******I thank you for returning the remainder of my Set up fee.  I will mail the Visa maching and pin pad back to you at my expense.  However I do not agree that I owe a cancellation fee due to the unethical and poor practices of your salesman and  company policies.  The two statement fees have both been deducted from my account for April and May.  I feel they are owed me but will set that aside for the purpose of ending this complaint which has wasted much of my time as I'm sure it has yours as well.

If you take $350.00 out of my account I will reopen this complaint and again fight hard to make my point on your business practices and make viral this "complaint" history.

Sincerely,

******* **********

***** *** *****  

 

 

BBB's Final Determination: Business offered a partial (less than 100%) settlement which the consumer accepted

6/7/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Sales man sent out machine without authorization from us. Called customer service about problem. Apologized and said problem would be taken care of and they would send out prepaid box to return machine. No box was sent and then they activated account without authorization. Has been charging our business a variable monthly fee without consent. Due to monthly fees being withdrawn has caused account to bounce and therefore causing overdraft fees. Again talked with customer service. Told we would have to pay a early termination fee to close account and they would send us a shipping label to send machine back. We closed our bank account so monthly fee could no longer be withdrawn. Sent a request for account closure and still have heard nothing. Would like this matter resolved as timely as possible.

Desired Settlement: would like a refund of the monthly service fees and overdraft fee. Also a prepaid label so we can return their machine.

Business Response:

Hi *****

It just came to my attention that this merchant was never charged monthly minimum fees, so we are unable to refund them. I apologize for the confusion – the rep informed the merchant that he would make sure all monthly minimum fees were refunded, but there are none to refund.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

Business Response:

Hi ****!

I apologize for the delayed response – this got lost in my emails. In response to BBB complaint 8996486, we have reviewed our records concerning this merchant. Though the agent named in this complaint no longer works for Merchant Services Direct, we were able to contact his former manager for his input as well.

First and foremost, we would like to make it clear that this merchant’s account was canceled on April 11th, 2012 – 1 week before this complaint was filed. The agent this merchant spoke to claims he provided him an account closure form several months earlier, but as we cannot verify that claim, we are willing to refund the fees this merchant incurred directly due to a failure to process, starting from the month of January ($25 in January 2012, $25 in February 2012, $25 in March 2012, for a total of $75). We have already waived this merchant’s early termination fee as a courtesy.

However, as the merchant did not provide any proof of overdraft fees directly related to our company, we are unable to refund any fees incurred through his bank. Additionally, as we have already provided this merchant with a return shipping call tag on March 21st, 2012, we are not able to provide another at this time.

If this merchant has any further questions about his account, he can call ###-###-####.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8996486, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

They did in fact charge our account and never reinbursed us. I am faxing over copies of the statements sent to us with the withdraw amounts as well as our past bank statements with the amounts.  As far as the return shipping call tag we never received it via email or mail.

Regards,

 

 ******* ******

 

 

Business Response:

Hi J***,

We apologize for the delayed response regarding complaint 8996486, this merchant chose to mail us several documents directly, which delayed our ability to respond in a timely manner. With that said, while this merchant did provide proof that we deducted processing charges and set up fees from his bank account, he did not provide evidence that he was ever charged overdraft fees, much less that any charges related to our company caused said fees. Again, we would like to reiterate that we emailed this merchant a shipping call tag in March. The Fedex tracking number on this call tag was***************, and it expired on 4/21/12. It was sent to the email the merchant provided us, which is *****@hotmail.com. Again, we are willing to draft a letter to this merchant’s bank explaining any overdraft fees caused by our company if the merchant can furnish proof, however the statements he mailed to us fail to do so.

Thank you,

***** *****

Merchant Services Direct

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8996486, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. We have statements from Merchants services and bank statements that prove our accout was charged a monthly fee for three months. We are asking for a refund for those charges. As far as the mailing tag that was emailed, we never received it.

Regards,

 

 ******* ******

 

 

Business Response:

Hello!

As we have already claimed twice before, we provided this merchant will a shipping call tag to the email he provided us. If he did not receive the call tag, that is an error on the merchant’s fault, though we are willing to reissue the Fedex call tag and email this to the merchant again. This merchant does not dispute the fact that he did not provide any proof that he was charged overdraft fees, much less that we caused them. We have never denied that he was charged the fees associated with the contract he signed, so we are confused as to why the merchant mailed us his bank statements.

We have already waived this merchant’s early termination fee, and as he already canceled his account, we cannot offer any further refunds or rate reductions.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8996486, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. We are disputing because the account was never authorized and that charges were taken out of our account unauthorized. That is the dispute. We would  like a return label emailed to us.

Regards,

 

 ******* ******

 

 

Business Response:

Hi *****

In regard to complaint # 8996486, we have already sent this merchant a call tag twice, the latest instance was a day before this complaint was issued, and the email we sent is attached.

The fact that this merchant is claiming he is not disputing overdraft fees is not consistent with the original complaint, which states “Due to monthly fees being withdrawn has caused account to bounce and therefore causing overdraft fees.” We asked him to provide proof of this in the form of bank statements. He mailed us bank statements, which showed no overdraft fees whatsoever. We have already canceled this merchant’s account, and waived his early termination fee as a courtesy due to his claim that this account was unauthorized, despite the fact that we possess signed documentation of this merchant agreeing to open an account.

This is a breakdown of all fees this merchant has been charged:

January Statement:

-          Card Fees: $0.22 (Test Transaction)

-          Batch Header: $0.30

-          Statement Fee: $5.00

-          Regulatory Fee: $4.95

-          Wireless Access: $15.00

-          TOTAL: $25.47

February Statement:

-          Statement Fee: $5.00

-          Regulatory Fee: $4.95

-          Business Verification Fee: $25.00

-          Wireless Access: $15.00

March Statement:

-          Statement Fee: $5.00

-          Regulatory Fee: $4.95

-          Wireless Access: $15.00

We cannot refund the following fees per our bank: Wireless Fees, Regulatory Fees, Business Verification Fee. As a courtesy, despite the inconsistencies in this merchant’s complaint, we will refund everything else, which amounts to $15.52. This is our final offer.

Thank you,

***** *****

Merchant Services Direct

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8996486, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

The amounts you included where not accurate at all with the amounts withdrawn from our account. We also had to close our business bank account and reopen a new one, Which cost us money, to insure us that the unauthorized withdraws would stop.  You claim our report is inaccurate when your company has from the beginning. Denying the charges where ever withdrawn then claiming you did withdraw an amount, even though this amount is inaccurate. January's amount withdrawn was $25.47 February amounts withdrawn $49.95 March amounts withdrawn $24.95 totaling $100.31 we are adding in also the amount we were charged to open our new account since these transactions were never authorized in the first place which is $ 113.80 making the grand total $214.00.

 

******* ******

 

 

Business Response:

Good Afternoon!

This merchant claims that the charges we listed were inaccurate, yet they exactly match the amounts he quoted in his latest rebuttal. As we stated before, our previous response contained our final offer to this merchant.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

******@msdnw.com

MSDMerchants.com

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8996486, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

The main complaint was that this was done unauthorized. It was said by ***** ***** "that this merchant was never charged monthly minimum fee, so we are unable to refund them." then they posted inaccurate monthly charges the next response. We have been trying to solve this issue before we brought it to the attention of the Better Business Bureau. We just want our money that back that was withdrawn and to reimburse for having to open another business account. Which is the total of $214.17.  We will be filing a complaint with the State Attorney General of Washington

Regards,

 

 ******* ******

 

 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

6/6/2012 Advertising/Sales Issues | Read Complaint Details
X

Additional Notes

Complaint: I was contacted by their agent to open a credit card processing account with Merchant Service Direct. This meeting took place in our shop on April 4, 2012. I was told there were no set up fees and the only fees I would be charged were a $5.00 monthly statement fee, the .05% discount rate per transaction plus a $.10 per transaction Visa, Master Card, Discovery Card transaction fee. A couple weeks later my new credit card terminal arrived with no instructions and one roll of paper. I received a "Welcome" letter a couple days after that with my account number. I called their tech services on April 30 the get help setting the correct date and time on the terminal. A representative helped with that and also had me run a $.01 sale, a $.01 refund, and a batch to ensure it was operating correctly. I have been requesting more rolls of paper for the terminal ever since it arrived. I was told the rolls of paper would be supplied for free as it was with my current credit card processing company. NO paper arrived so I did not use the terminal for any sales. I was surprised to find a $195.99 charge (dated 4-16-12) on my bank statement that I learned was for set up fee. I was also charged $5.95 on 5-2-12 and $37.81 for an April statement (to the test of the terminal?) I have been trying to cancel my account and learned there was a $350 early termination charge, which I was told they would waive when they emailed me copies of my original paper work application and a Close Merchant Account Request Form May 17th. I have received one credit to my bank account for $27.76 (dated 5-18-12). Whenever I call the Spokane office I have to leave a message in their "voice mail box". I have left about a dozen messages since this began and have received two calls back. The people are very friendly, but no one is able to solve my problem or make the decision to refund all the money I have been incorrectly charged. I have not used the terminal for any sales and have not started using their services.

Desired Settlement: I would like to have all the fees I have been charged refunded and make sure they do not charge me any more fees. I have not used their service and do not plan to use it in the future. I have Faxed in the "Close Account Form" and have returned the terminal to their Spokane office as instructed. My next option is to contact the Washington State Attorney General's Office for help. I would be surprised if I am the only business they are treating so poorly. Thank you for helping.

Business Response:

Good Afternoon!

In response to BBB complaint 9054734, we have reviewed our records and consulted the agent who set up this account. First and foremost we would like to apologize for any oversight on our agent’s part concerning the disclosure of fees. This merchant’s fee breakdown is as following:

-          Card Fee: $2.46

-          Batch Header: $0.30

-          Returns: $.10

-          Minimum Discount Fee: $25.00

-          Statement Fee: $5.00

-          Regulatory Fee: $4.95

For a total of $37.81. We are not sure where the merchant is getting the figure of $43.76, but we are willing to refund the remainder of his processing fees, past the $27.76 refund he has already received ($10.05). We do have written proof that his merchant agreed to pay a $195.99 set up fee, which is enclosed in the contract we attached to this email, though as a courtesy we will refund this fee as well.

We object to the merchant’s claims that he has left “a dozen” messages with only 2 responses; our records show that we have spoken to this merchant several times. We have already received this merchant’s account closure form, and as the merchant states, we have already agreed to waive the early termination fee listed in his contract.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

******@msdnw.com

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

*** * ******* *** ***** ***

Spokane Valley, WA 99212

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9054734, and find that this resolution is satisfactory to me.  Please read below more explanation about the charges and fees refunds I have requested.

Regards,

 

**** *******

The ******* *****, LLC 

Thank you for the offer to refund all the fees I was charged. I received a copy of the original contract I signed with your agent (which I was told not to date) in an email from another agent along with the “Close Merchant Account Request form” on May 17th. I still do not see where it says anything about any set-up fees, it was not pointed out, even when I asked at our first meeting. I’ve copied from two of our bank statements below showing the fees I was charged by Merchant Services underlined.
4-16-12          -           $195.995-2-12             -           $5.95  (I don’t know what this charge was for)5-3-12             -           $37.81On 5-18-12 I received a credit of $27.76 from Merchant Services.Again, Thank you for your willingness to refund all the fees I was charged and also for waiving the early termination fee. I’ll watch for the credits to appear on my bank statement.Copied from our Columbia Bank - April & May - statements:ACH DEBITS**** *********** ****** ***** ************* *** ** **** **** **** ******* *************** ********** ***** ************* *** ** ******** ******* ******* ******* *************** ***** ************* *** ** ** ** **** *** *** *** ******* *************** ***************Total ACH Debits: $946.31ACH DEBITSDate Description Amount***** ************* *** ** ** **** ******* *** ***** ***** ************** ***** ************* *** ** ******** ******* **** ***** ******** ******* ************** ******* **** ** ***** ************* *** ** **** **** **** ******* *************** ********** ***** ************* *** ** ******** **** **** ****** ************** *************** ***** ************* *** ** ** ** **** *** *** *** ******* *************** *************** ***** ************* *** ** ** **** ******* *** ***** ***** **************

Total ACH Debits: $882.36

 

 

 

BBB's Final Determination: Consumer accepted resolution offered by the business.

6/1/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I manage a nonprofit - Tri-City Water Follies. In December 2011 I transfered my (the Water Follies) credit card processing service to Merchant Services Direct (www.msdmerchants.com). I explained to the sales gal (******* ****) that we are a seasonal business and I would not start accepting credit cards 'til Jan/Feb 2012. I also explained it was possible to charge up to $10,000 in a single swipe and possibly accept $40,000 in a single month. I further described that we have been operating since 1966 and had been processing credit cards since 2007. None of this information signaled a red flag for *******. I started accepting credit cards towards the end of February, beginning March. Towards the end of March I was contacted by ****** ********* of ipayments (www.ipaymentinc.com). ****** explained that he was in risk management and was holding all funds from the credit cards I had processed because my acount had sat idle since Dec. and was now being used. He also said I had exceeded my limit of $200. For this reason he would hold all funds until I provided him with 3 months bank statements and all invoices including client phone numbers from the credit card transactions. I provided the information along with a "Merchant Services Processing Limit Change Form" On this form I stated $40,000 monthly volume, $10,000 single amount and an average ticket of $500. I provided the following description, "We are a seasonal festival. We sell high end hospitality to businesses and private parties". I also contacted ******* from Merchant Services Direct to explain the problem I was having. She said she would fix the problem. The next day I contacted her and she said the problem was fixed. I contacted ****** who said the problem was not fixed and he was still holding my funds. I contacted *******; explained the situation; she said she would take it to her manager - part owner of the company. ******* and I spoke - she said it was fixed - ****** said it was not. This played out for 2-weeks. ****** finally called to tell me they were close to releasing my funds but he had additional questions. I asked if it was time for me to consider bringing an attorney on board to get my funds released. At this time ****** explained to me that we had the legal right to hold my funds for 6-months and if my attitude did not change that was exactly what he would do. After some heated conversation, ****** told me to either refund all the charges and go to another company or he would hold my funds for 6 months and I would never see it. I called ******* immediately and explained what happened. After some time she said my funds would be released in 48 hours and they would file a complaint on my behalf against ******. After 48 hours the funds were released, ******* said everything was worked out and I could start using the credit card processing service. A day after this, I swiped a card for $2,800. Within the hour I received a call from **** at ipayment saying I had exceeded my $200 limit and she would hold my funds. She also told me I was listed as a stationary store. I explained that I had filled out the change form - she knew nothing about it. I explained that we are a seasonal community festival and we sell high end hospitality at our festival - she didn't understand what hospitality was. I told her I would call her back. I called ******* - she said she would follow up. Have not heard back from her or been able to contact her.

Desired Settlement: I would like my funds released and I would like to be able to start processing credit cards.

Business Response:

In response to the complaint issued by  ***** ****** of Tri-City Water Follies, we have consulted the agent mentioned and reviewed our records.

First and foremost, we apologize for ****** *********’s alleged behavior. As Mr. ********* doesn’t not work directly for MSD, we are only able to pass along the complaint to his supervisor.

This merchant’s account was set up with a $40,000 monthly processing limit, the reason why her money was held was because the merchant’s average ticket is listed as $250. The rep claimed that, although she did speak with the merchant about having charges to be run that are all very different in amount, they did not discuss a specific amount for the high ticket. This was a mistake on the agent’s part, and she has been re-trained to ensure she’s getting the full and complete information from the merchant for their processing limits. With that said, according to the notes created by our bank, this merchant has only had her funds held once, and that money was released on 4/5/2012. Additionally, both our office and our bank have attempted to aid this merchant in raising her processing limits, but we have not received the paperwork requested, and our bank has not received a response at all as of 4/16/2012.

If this merchant is confused as to what she needs to provide to raise her processing limits, she can contact ###-###-#### if she has any further questions. As far as we can tell, our bank is not holding any of this merchant’s money, therefore we cannot release anything.

Thank you,

***** *****

 

Business Response:

Good Afternoon!

As we have already addressed the bulk of this merchant’s concerns, please refer back to our original responses regarding this complaint. With that said, we object to the claim that anyone “skimmed” off of this merchant’ held funds. As this merchant failed to provide the pertinent documents necessary to release her funds for an extended period of time, a $2.50 holding fee was assessed as the hold was carried over two months. I would have been happy to explain this to her over the phone, but she left me a voicemail approximately 4 business hours before filing this complaint; therefore, I did not receive the voicemail until this complaint was received.

As far as this merchant’s contract is concerned, we are not sure what the merchant is referring to when she claims more information was added after she signed. We have attached a copy of her contract to this email, and if she chooses to elaborate we can look into this matter further.

Thank you,

***** *****

Merchant Services Direct

 

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Adminstratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8990590, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Regards,

***** ******

 

 

Below is the email I sent to Merchant Services Direct with the attachment showing my copy of the  contract. It is clear Merchant Services added information after leaving my office. Below that is the email I sent to IPayments with the information they requested to increase my limit. I did not include the attachments to this complaint because it is sensitive information.  Ultimately IPayments told me they could not provide service to me because I violated their policies regarding my seasonal status.

Also - How crazy is it to charge me for holding my money!? I sent the information as documented in the email below. This is the craziest thing I have ever heard of! I should be able to charge them for holding my money for 2 months.

 

 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

5/31/2012 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Salesman ***** **** guaranteed me in writing the lowest pricing to gain my credit card processing business. My first statement for March 2012 was way too high. I called ***** and complained. he said he would take care of my concerns and I would see a credit on my April statement. My April statement showed no credits issued and an $83.00 bill for processing $1,000.00 worth of transactions. This was 3-4 times more than what I was promised. ***** said my bill would be less than $25.00 a month. Obviously he lied to me. ***** has failed to return repeated phone calls. ******* *****, Spokane office, has said she would escalate my concern but after a week I haven't received any monies back. This company owes me big time. I may get a lawyer involved because what they pulled is unlawful. I should have read the BBB reviews prior to going with them. I understand there are many others who have been taken by these greedy people.

Desired Settlement: I would need at least half of the $144.00 they have overcharged me refunded.

Business Response:

Hello!

In response to BBB complaint 9042039, we have reviewed our records concerning this merchant’s account. As the agent named in the complaint is no longer affiliated with our company, we cannot consult him on this merchant’s claims.

The primary reason why this merchant’s processing fees were so high was due to the $25 monthly minimum present on their contract. We cannot confirm that our agent simply neglected to lower this fee, but we have done so as a courtesy due to this merchant’s low processing volume. This merchant can expect their processing fees to be at least $20.00 lower on their next statement, which would lower their effective rate to 3.7%, versus the 6.6% effective rate they experienced with their old processor. In order to ensure this merchant is experiencing even greater savings, we are willing to lower their processing rate to .3% + Interchange, and $0.8 per credit card transaction. Additionally, as this merchant was already told, they will be receiving a $40.41 refund. Given the savings they will experience in the future, we feel this is a fair refund.

Thank you!

***** *****

 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9042039, and find that this resolution is satisfactory to me. 

 

Regards,

 

 

*** ******

 

 

 

 

BBB's Final Determination: Consumer accepted resolution offered by the business.

5/30/2012 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: ***** ******** from Merchant Services Direct came out to business to talk about a merchant account for a business that was starting up. I was not able to open up for at lease a couple of months or more. We agreed to start my new merchant account when I was up and running.The first month after I sign up they withdrew $316.25 out of my bank. I called Merchant Services Direct and they said only ***** can give me a refund. After weeks of calling and leaving messages, I finely got a hold of *****. And I told him that there was money taken out of my bank before I was able to open my business. I ask him for a refund and he said he would refund me the full amount of $316.25. Thats been over two months ago. He will not return any of my phone calls. So the next step is to take him to small claims court.

Desired Settlement: I would like the full refund of $316.25

Business Response: Hello!In response to BBB complaint  9033577, we have reviewed this merchant’s account, and consulted the agent named in the complaint. We apologize for any miscommunication between our agent and this merchant. We are unsure as to why this merchant would sign a contract for a processing account when he had yet to start his business, and that this merchant has failed to cancel the account he claims he doesn’t need. We cannot prove that the rep was aware of everything the merchant is claiming, but because the facts in this complaint are unclear, we would like to compromise on a settlement. We can only verify that we have charged this merchant $301.66 total, and we have already refunded this merchant $31.76 previous to this complaint. We are willing to refund this merchant an additional $119.07This merchant can contact our Customer Relations department ###-###-#### if he has any questions. Thank you,***** ***** Merchant Services DirectOperations Manager **************** MSDMerchants.com(P) ###-###-####(F) ###-###-####*** * ******* **, Suite 100Spokane Valley, WA 99212

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

5/25/2012 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: My credit card merchant service was called ***** Merchant Services. A sales rep came in and announced he was from Merchant Services and was here to go over rate changes with me. I thought he was from my current service company. He went over "the changes" and then asked me to sign to acknowledge that he went over them with me which I did. I later received a new terminal in the mail and thought it was because I changed the name slightly using my DBA name. The terminal didn't work so I continued to use my old terminal until I had time to figure out why. Once this was done I then began using the new terminal. It wasn't accepting American Express cards which I had accepted since opening in 2011. When I called the company to find out what was wrong that's when I found out that they were not the company I had been using but a new merchant service company. I told them I never changed companies but they told me I had. I've made numerous phone calls to them to resolve this issue and send back the equipment. I was told that I signed a contract and was liable. My last phone call of tonite, I consistently told "****" in customer service that I was fraudulently contacted. The salesperson walked in stating he was from Merchant services to review the rate changes. Never once was I told that this was not the same company I had. I was told I would have to pay a termination fee of $350. no matter what. Again, numerous times I told him that never was I made aware that this was a different company. They walked in as if they were the company I was using. "****" told me there was no other person I could contact above him (he was it). Based on their false and fraudulent way of doing business I want to terminate this contact with a company I had no knowledge of that I was switching card processing companies and do not in any way want to pay any termination fee since I was lied to by omission of information.

Desired Settlement: Since I was falsely contacted and want to terminate the contract that I was not aware of, I would like to have the contract terminated with no termination fee. If not, I will have no other choice but to pursue this matter further. Once again, I was lied to by omission of them not telling me that they were a different company and I was changing companies. I was led to believe they were my current company and all I was doing was signing to review the rate changes.

Business Response: Hi ****,In response to BBB complaint 9006300, we have reviewed our records and consulted the agent who set up this account.This merchant claims they assumed our sales agent represented their old processor, and signed her contract under that assumption. Our sales agent never claimed they were with ***** Payments, and expressed from the beginning of the meeting that they were with Merchant Services Direct. We apologize for any misunderstanding on the merchant’s part, but this is simply not a matter of misrepresentation. This merchant also claims that she never used the machine we sent her, which would seem to reinforce her claim that she believed she was simply altering her old contract. However, we have provided her merchant statement for the month of March, which clearly indicates a total processing volume of $1,178.02. Additionally, here is a list of the numerous contacts we have engaged in with this merchant since opening her account:February 29th, 2012: Merchant called, said she was sent the incorrect terminalMarch 15th, 2012: Merchant called, wanted her terminal swappedMarch 16th, 2012: Received SWAP request, informed merchant terminal was on the way. Merchant informed she needed to send old terminal in.April 23rd, 2012: Merchant wants to cancel with no ETFApril 24th, 2012: Told merchant ETF will not be waived.Every single call we have begins with our representative thanking the merchant for contacting Merchant Services Direct. We would be happy to provide recordings of these calls if requested. In short, we are unable to verify this merchant’s claims, and are thus unable to waive her early termination fee.Thanks, and have a good day!***** ***** Merchant Services DirectOperations Manager**************** MSDMerchants.com(P) ###-###-####(F) ###-###-####*** * ******* *** ***** *** Spokane Valley, WA 99212

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Adminstratively Resolved]

Better Business Bureau:I have reviewed the response made by the business in reference to complaint ID 9006300, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

 In response to the Merchant Services Direct response, I never denied using the machine.  What I did say was that when I went to process American Express credit cards it would not accept them (it did accept other card transactions).  When I called the processing company to find out why the american express charges were not being accepted they told me that when the sales person was here she didn't check off that i wanted to accept them.  I then received my statement and saw an increase in fees to me.  I did make phone calls to the company because my terminal wasn't working, but again, not knowing they were another company.  I went to ***** (who I thought the processing company was) and tried to find out why my fees were increased, the person at ***** then explained to me that it was not their account.  That's how I found out that I was with a different merchant services company. 

 

I was also never given a copy of the contract so I have nothing to even review the changes with, etc.  I do now understand that the current company that I'm disputing is called Merchant Services Direct.  My chase account was with ***** Merchant Services that is why I never realized the difference.  Once again, when the sales person came into the office they only told me they were" here to review the changes to my account".  That alone is a misleading statement especially when the card company names are very similiar.  And saying that you're here to review changes to my account is certainly not the same as I'm here to see if I can beat your current rates with your current company, or something similiar to that.  The way they walked in was if they were representing my existing account.

 

Based on this, I am asking to have my termination fee waived.  Even if they were to beat *****'s rates I would not want to deal with such a misleading company.

 

 

 


Regards,

 **** ********

 

 

Business Response:

Good Morning,

First and foremost, we would like to apologize for our confusion regarding the merchant’s claim regarding the usage of her terminal. Her initial complaint was unclear as to when and why she decided to start using her new terminal, and we took it to mean that she continued to use her old machine. However, after reading the initial complaint again, the merchant does state “The terminal didn't work so I continued to use my old terminal until I had time to figure out why. Once this was done I then began using the new terminal.” If the terminal didn’t work, how was this merchant able to process several thousand dollars since opening her account with Merchant Services Direct? Also, we are unsure as to what the merchant means when she says “once this was done I then began using the new terminal.” We aren’t sure of what “was done” that caused the merchant to start using her new terminal, but if the merchant is claiming she remembered opening a new account, that would run counter to her claim that she was unaware of doing so.

We can only direct the BBB to our previous complaint response in which we detail every direct communication our corporate office has had with this merchant. Again, we would like to reiterate that every phone call and every email that we exchange with a merchant clearly states the name of our company, and every merchant receives a welcome package with their terminal that clearly notates the name of our company. We cannot verify this merchant’s claim that she was not left a contract, though we would like to mention that she never asked for one during the many times we have spoken and emailed her.

We have also received a message regarding this account that states the following: “Consumer called and inquired about the $80 dollar shipping fee for the original terminal. Consumer was under the impression that the terminal was shipped on the 17th without the $80 cost.” We assume this is referring to the ACH this merchant signed to pay for the cost of swapping her machine to a different model. We have included this signed document with this complaint, and we would like to point out that not only did the merchant authorize this cost, but our company’s name is listed twice at the top of the page.

If this merchant is willing to provide proof that she is being charged an increase in fees, we would be happy to work with her to lower the rates on her account. With that said, our position has not changed regarding her early termination fee.

Thank you,

***** ***** Merchant Services DirectOperations Manager************.comMSDMerchants.com(P) ###-###-####(F) ###-###-####*** * ******* *** ***** *** Spokane Valley, WA 99212

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9006300, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.


In reference to Merchant Services DIRECT response, the "Once this was done" referencing the machine; when the machine from their company (once again, I was not aware that it was a different company) was set up it would not process any transactions so I plugged my old machine (which was from *****) and used that.  I contacted the 800 number on the machine from Merchant Services and they said the reason it wasn't working was because it was not "ethernet capable".  They told me to return the machine and they would send me one that was ethernet capable. So until that whole process was complete I continued using the other terminal (which was from *****).   Once the ethernet capable terminal was received and was working,  I returned BOTH terminals (the one from ***** and the one from them).  I was never aware that I was using a different company until I called them to find out why the American Express cards were not being processed and told the company that I was accepting AMEX since I opened up the business in September.  THAT's how I found out that I was not using the Merchant Services company from *****.  When this salesperson came in the initial time, I'd like to know how they had all  my information.  They had my account number and the name that we used on the account.  That's also how I thought I was dealing with my same company along with the fact that the name is almost identical to the company I was using.  I heard "Merchant Services" which is also the name of ***** "Merchant Services".

No, I never did ask during our correspondence for a copy of the agreement since initially I thought it was the same company.  Also, with all of this going back and forth with Merchant Services DIRECT, this is my busiest time of the dance season.  We are completely book with dance competition (which we are away for days at a time) and the recital.  I barely have time to sleep and am running around 24 hours a day.  My concern was getting back to using the company that I thought I was with (***** MERCHANT SERVICES). 

I did send them the ACH form with my signature because they had the ***** terminal which I needed back.  When I called on the 17th the person I spoke to said she couldn't understand why she had received a ***** terminal, now she understood where the confusion was.  If I knew that I changed companies then why would I send a ***** Merchant Services terminal to Merchant Services Direct.  They refused to waive the shipment fee  to return the ***** terminal.  They said the shipping charge was $80.00 which is absolutely ridiculous for something  that weighs less than 5 lbs.  They lowered to approx $71.00.  The only reason I signed the agreement once again was so that I could get back the ***** terminal which would have to be sent back to *****.  My complaint is not regarding the shipment, it's regarding the ridiculous amount of the shipping charge.


Regards,

 **** ********

 

 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

5/18/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I recently contacted Merchant Service Direct to cancel my credit card process services. Reason been (1) MSD is charging me higher monthly fee which is differ than what the sales person (****) had promised, as well as (2) my business has not use the MSD service since signed up. So I contacted MSD and they forward me to the level II customer service representative, ******* *****. I had email conversations as well as voice mail message with Ms. *****. She said that she also forwarded my request to her manager which did not approve. Here is my complains to Ms. ***** about MSD Contract: "I was signed up under the understanding from the sales person that Contract Terms will be the same as before. Therefore, the signatures and information was filled out within matter of 5 mins at my door steps. I was certainly not been informed of $350 cancellation fee at the time, and the sales just point at where I fill out my info and signature spots. And of course,when he said the term will be the same, I was ready to cancel my previous provider which did not charge me any fees or penalties ( I was with them for 2 and half years ). It is not the matter of how the Contract is written or included, its the fact that I have been mislead to believe that 'things will be the same'. My business has not use the service at all since singed up, and I have been paying $60 monthly fees since Januarly as well as $5.95 epay. I am certainly not interested to spend additional $350 just to add on top of something we didn't use. Please advice."Additionally, she said that MSD is not able to track down the sales associate "****" because he is no longer with the company. So therefore they can't not verify what "****" had promised on site that MSD will not acknowledge.

Desired Settlement: I just want the services to be cancelled without $350 contract fees. It seems the MSD has used very creative language to promise me something by the sales associate but later MSD don't have to acknowledge it because they have the contract on hand. I would stayed with my previous provider if I had known all these issues.

Business Response:

In response to BBB complaint 8988617, we have reviewed our records concerning this merchant. As the agent who set up this merchant is no longer with the company, we were unable to consult him regarding this merchant’s claims.

This merchant claims she is being charged a “higher monthly fee which is differ (sic) than what the sales person (****) had promised.” We cannot verify her claims, but we have provided a copy of her contact, clearly signed, that outlines each of her fees. As she does not mention any fees specifically, or what the salesperson promised her, we cannot offer to lower her rates to what she believes is reasonable.

This merchant further claims that she has not used the service since she signed up. As we have no control over how or when merchants use our services, this fact is not something Merchant Services Direct can control. We first contacted this merchant on 4/4/12 in response to closing their merchant account, and we informed the merchant twice since then of  the procedure necessary to close her account. The merchant has neglected to continue with the closure process.

The merchant admits her entire contact with her agent consisted of 5 minutes, after which she signed the contract. This merchant chose to sign a contract apparently without reading the terms, because she claimed our former sales representative told her the terms would be identical to her old processing account. We are unsure of how our former sales representative could have made that claim without going over the merchant’s old contract.

This merchant claims “It is not the matter of how the Contract is written or included, its the fact that I have been mislead (sic) to believe that 'things will be the same'.” The very purpose of contracts is to hold each party responsible to the terms present in the document. If the merchant is willing to provide a copy of her old processing statements, we would be more than happy to adjust her rates to what she believes to be reasonable. However, as this merchant has not provided either the BBB or Merchant Services Direct with any details about what rates she was paying previously, we cannot verify she is paying more with our company, and thus we are not able to waive the Early Termination Fee present in her contract.

If this merchant has any further questions about her account, she is welcome to contact us at ###-###-####, ext 273.

Thanks, and have a good day!

***** *****

Merchant Services Direct

Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Adminstratively Resolved]

Better Business Bureau:I have reviewed the response made by the business in reference to complaint ID 8988617, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[ (1) With the months that there is no transactions, I paid $35 per month to ******.  With the same situation ( no transactions), I am paying $60 to MSD.  Additionally, I paid NO cancellation fees with my previous provider ( MSD charges $350) which MSD sales person has lead me to believe I won't spend more and thus "things will be the same".  

(2) Yes, I did start the cancellation conversation with MSD representative on April 4th, 2012.  However, I had to ask many questions over the courses of two weeks because of this situation, it is obvious that I won't send my cancellation form right away.  I am not satisfied with the answers provided by MSD, but it leaves me no other choices but to send complain to BBB.

(3) As I mentioned that your sales person has made me to believe that the terms are the same and just point at the locations I need to sign.   At the time, I did not doubt his words.  

(4) I have attached email conversation from my previous provider who cancelled under no obligation.]

Regards,

****** ***

 

 

Business Response:

Good Afternoon,

This merchant in complaint 8988617 claims she paid $35 to ******, and $65 to Merchant Services Direct, during months in which she did not process. If the merchant provides us with any proof of that claim, as we requested in our initial response, we may be able to consider a partial refund, or lower her processing fees should she decide to remain with our company.

We accept the proof that the merchant provided in terms of proving her old processor did not charge her an early termination fee. However, this has no bearing on the contract she signed in which an early termination fee is clearly notated twice.  As this fee is only assessed when a merchant terminates their account with our company, it is not considered a processing fee, and therefore it is not a fee we are willing to refund, even if her old processor chose to waive their version of the fee previously.

This merchant also claims “However, I had to ask many questions over the courses of two weeks because of this situation, it is obvious that I won't send my cancellation form right away.”  We are unsure of what the merchant is claiming with this statement, but we can only assert that we have provided this merchant with the means to close her account whenever she sees fit.

Our position has not changed with regard to waiving this merchant’s early termination fee. We apologize for any miscommunication between our agent and this merchant, and we suggest that it may be prudent for this merchant to carefully review any contracts she enters into in the future.

Thank you,

***** *****

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

5/2/2012 Problems with Product/Service | Complaint Details Unavailable
4/23/2012 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: I signed up with Merchant Services Direct Dec, 30 2011. To provide my company ****** **** *** ********* with the services to be able to accept credit cards to sell my art at art festivals. I quickly discovered that I had been misled when it came to the charges that I would be charged each month. I do take some blame for not understanding the contract that I did sign. I chose to cancel my enrollment with the company Feb. 19, 2012. After my account was canceled I was charge a $10.00 fee for services on Mar. 6, 2012, then on Mar. 28, 2012 I was charged a $350.00 cancelation fee, that was clearly not included in the contract that I signed. I contacted Merchant Services Direct and was then told that the charges should not have been applied to my account and that I would be refunded the money. I have been talking with a customer service rep. since the first charge of $10.00 and have still not received a refund of either charge as of April 19, 2012. So, as of this date April 19, 2012 they still owe me $360.00.

Desired Settlement: I would like a refund auto deposited into my bank account within 7 to 10 days.

BBB's Final Determination: Consumer accepted resolution offered by the business.

BBB Comments: Consumer contacted the BBB and informed that the business has resolved the dispute.

4/4/2012 Problems with Product/Service
4/2/2012 Advertising/Sales Issues | Complaint Details Unavailable
3/27/2012 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: An Account Rep from Merchant Services Direct, named **** ******, came to my store, ** *******, and made the following representations about their merchant service (Account #: 4***************), showing the brochure: - the initial effective fee will be 2.0 - 2.4% and he will adjust any differences for any fees over 2.0%. He wrote down this on the brochure while explaining the features - Flat processing fee regardless of what card is used - No annual fees. I specifically asked about the PCI (Payment Card Industry) Fees and was told they do not charge PCI fees at allSo I cancelled the old merchant service I have been doing business for 8 years and signed to get their service. After getting their first statement, I noticed the fees were higher than the promised fees. I contacted **** ****** via phone calls, e-mails, text messages, & fax, but did not get responses from him at all.So I contacted the customer service at the corporate office and was connected to **** *******, Customer Service Specialist. After she talked to her boss, she told me she could not do anything over the fees for September & October, suggesting to change to a different plan from the next month, November.I agreed to change the plan and the fees were still high. When I complained of the fees after getting the statement for November, she talked to her boss and she told me her boss requested me to cancel their service. So I finally cancelled their service and switched to the new service provider in Jan 08, 2012.In November, 2011, they charged $129.00 for PCI fees and I requested **** ******* to refund the PCI Fees, based on: - **** ****** told me there would be no PCI fees - There will be no annual fee in the signed agreement. PCI fee is an annual fee. - I have already paid this fee to the previous service provider, getting the PCI Compliance Certificate valid until June 2012. I understand PCI Compliance is industry standard, not an individual service provider standard.However, they refused to refund

Desired Settlement: The account representative made a fraudulent promise to get the service and the company did not keep the promise.1. Over the 4 and half months, they charged a $1,928.52 for a total transaction amount ($70,101.64), which is 2.75% of effective fee rate. It means they over-charged $526.49 over their promised fee ($14,024.02) where their promised rate is 2.0%.2. PCI Fee ($129.00)I would like them to refund a total of $655.49, a sum of the above two ($526.49 and $129.00)

Business Response:

Hello ****!

This merchant has contacted us as well regarding these issues. We have released him from the contract with no early termination fee and refunded him fees. On 11/10/11 the merchant received a refund of $10.13,  on 12/1/11 the merchant received a refund of $17.26. We paid for the shipping of his terminals back to our location, which is a concession we normally do not provide.

We have no evidence that his agent advised him that his rates would be as low as a 2% effective rate but since that is what the merchant was claiming we lowered his rates to the absolute bare minimum. Rates are subject to many factors including the charges from Visa/MasterCard so there are many outside influences that play into the effective rate. Due to the manner of this merchant’s processing, getting him to the effective rate that he would like would be nearly impossible and would result in our company paying for part of Visa and MasterCard’s interchange. The merchant was originally set at very low rates, with a .07/transaction and .1% of a discount rate. This means that the merchant would be charged the fees from Visa and MasterCard and then .1% more along with the transaction rates.

As the merchant stated in his complaint, PCI is an industry standard. However our PCI department requires all merchants to complete the SAQ for their specific MID and also pay the annual fee per the compliance regulations of our backing bank. At this time the PCI compliance specialists do not allow for merchants to carryover PCI compliance insurance from a pre-existing merchant account. The annual fee for PCI is generated on every active merchant identification number, no exceptions. The PCI fee was agreed to at the bottom of the third paragraph on page three of their merchant application.

With this said, we acknowledge that the rep wrote “No Annual Fees” clearly on page two of the merchant application. This statement does not change the PCI requirement, but as a courtesy we are willing to refund the $129 for PCI compliance to this merchant for the misunderstanding.

In summary, we are going to issue a refund for $129 to this merchant, but we cannot approve any further refunds.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

*******msdnw.com

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * **********, St 400

Spokane, WA 99206

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8924985, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

(1)  They said "We have released him from the contract with no early termination fee and refunded him fees. On 11/10/11 the merchant received a refund of $10.13,  on 12/1/11 the merchant received a refund of $17.26. We paid for the shipping of his terminals back to our location, which is a concession we normally do not provide."

 

- The agreement with them was based on month-to-month and there should not be any termination fee.

- The refunds of $10.13 & $17.27 were never made to bank my account. I need a proof they refunded these amounts.

 

-  The shipping of the terminal - they should be responsible for shipping the terminal because they requested me to cancel the service

 

(2)  They said "We have no evidence that his agent advised him that his rates would be as low as a 2% effective rate but since that is what the merchant was claiming we lowered his rates to the absolute bare minimum."

 

It does not seem they did not go through the attachment.

 

As you can see from the first page of the new attachment, their associate did write down on the brochure the effective rate should be <2.0% - 2.4%>, depending on card types used. However, their rate for the 5 months was between 2.49% - 3.03%. I signed the service agreement, based on their associate's presentation representing the company, and terminated the service with the previous processor I have had for 8 years.

 

Also for the promised 2.0% effective rate, it is proved by two fax letters & e-mails I sent to their associate immediately after I received the first statement. The fax letters & emails are also included in the new attachment.

 

If what I said is not true, I don't understand why their associate did not respond to my calls, emails, test messages, & fax letter. I still believe the Merchant Services Direct should be responsible for their associate's promise or presentation made to the customer, resulting in the customer's financial loss,  even if they do not compensate for my time loss and frustrations I have had with them.

 

In addition to the above, the brochure clearly says "Lowest Price Guaranteed!". However, the fee I am paying to the new service provider now is much lower than their fee.

 

(3)  For PCI Fee, I don't have any comment as they said they would reimburse the PCI fee.

 

I hope this gives reasonable explanation for their response.

 


Regards,

***** ***

 

Business Response:

Hi *****

The merchant received a refund of $10.13. We processed this on Nov. 10th and this was included in a daily batch. The trace number for the deposit is *********029536. The total batch amount was $420.45, and the deposit amount was $430.58, to include the $10.13 refund. The merchant received another refund for $17.26. This was processed on Dec. 1st and was also included in a daily batch. The trace number for this deposit is *********030123. The total batch amount was $521.77, and the amount of the deposit was $539.05 to include the $17.26 refund. The merchant also has received the PCI refund of $129.00. This was processed March 2nd and the trace number for this deposit is *********0483.

We did not receive the attachments that the merchant included in the original complaint so we were unable to see that until now. The issue still remains though, that this is not proof that he was promised these rates. These are just some notes written down, no signature, and no way to tell when or who wrote them. We assisted the merchant with the lowest rates possible through our company without resulting in a loss; therefore, we are unable to provide any additional refunds.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

******@msdnw.com

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * **********, St 400

Spokane, WA 99206

Consumer Response:

Better Business Bureau:


I have reviewed the response made by the business in reference to complaint ID 8924985, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

 

1. I verified two credits made to the account as they described. They were shown as detailed line item without any description, not in the summary.

2. As Business said she was not able to see the attachment, I sent her the attached file including the fax letter & e-mails I had sent to their representative immediately after I received the first statement from them. However, their representative did not respond to any of the fax letter, emails, text message, & phone calls, which made me believe their representative made fraudulent promise to me to get the business. Just in case,  I also attached it to this again.

I just hope the attachment can prove what their representative promised me.

Best regards,


***** ***

 

 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

3/12/2012 Problems with Product/Service
2/11/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Salesperson misrepresented their contract. He crossed out the portion of the contract that shows the length of agreement to convince me that there was no term and no early termination fee.Upon attempting to cancel the account, the lady at the office stated that I did indeed have to pay their $350 early termination fee. She said the portion crossed out was for the lease on the card machine. The salesman, ******* ********* told me clearly this was not the case.*** also lied about how much money I would be saving on my processing fees. Upon inspection by an expert, he explained my effective rate would not be the 1.6% that ******* promised. Instead, it would average to 2.1% (which is higher than what I was already paying).There is also another hidden fee of $49 a year that was not discussed.Immediately after receiving their machine and the info they mailed, I realized I had been lied to. I returned their equipment and cancelled the merchant account with the processor. I contacted Merchant Services Direct via registered mail to ask the to be let out of this fraudulent contract. They did not reply. Merchant Services Direct will not answer my phone calls. They did not reply to my letter. The salesperson will not answer or return my phone calls. I have attempted to contact the cancellation department at extension 273 numerous times. I have attempted to contact ******* ***** at extension 107 numerous times after she sent me a letter stating I would be charged $575 if I didn't return their machine. (which they already had)Nobody will answer or return my calls. All they can do is take money out of my checking account. If this company is not committing fraud, then why are they being so sneaky?

Desired Settlement: Full Refund of all fees charged

Business Response:

In response to BBB Complaint 8883726, we have reviewed our records concerning this merchant. We will address each of this merchant’s points separately:

-          Early Termination Fee: The early termination fee on this merchant’s contract was not waived, and we have provided his contract to prove that. With that said, we have waived this merchant’s ETF as a courtesy, so he has not been charged that fee.

-          Effective Rate: As we do not have access to this merchant’s previous processing statements, we cannot judge the validity of his claim regarding his effective rate. We can say that this merchant was offered our standard rates, and we would have been happy to discuss lowering them should he not have canceled his account.

-          Equipment: With regards to our Free Placement program, we charge a merchant $575.00 if they do not return their terminal in a timely fashion once they cancel their account. As we did not receive this merchant’s terminal within one week, a letter was automatically sent out. As the letter states, the merchant can disregard the letter if he sent in his terminal past that deadline, which this merchant did.

-          Taking money out of his checking account: This merchant was charged $6.49 in processing charges and $50 in Application fees from our company. $5.00 for his statement fee for the month he opened his account, and $1.49 in various minor fees. This merchant never requested a refund previous to this complaint (though he is incorrect in stating he never got through to our customer service department), and we are happy to provide one for the $6.49 in processing fees he incurred.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * *********y, St 400

Spokane, WA 99206

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8883726, and have determined that this does not resolve my complaint.  I will address each point of the business's response:

- ******* ********* told me there was no early termination fee. He stated that where the "Lease Term" is crossed
out shows that there is no term. I also stated this in the cancellation letter I sent you where I accused your
company of misrepresenting this contract. I asked for you to release me from this contract, as ******* committed
fraud by lying to me. Regardless of what I signed, your employee answered very clearly that there would be no
term on the contract. I asked him more than once, and he assured me of this. It is not legal to misrepresent a contract to convince someone to sign it.

The Early Termination Fee was charged to my checking account. $350 came out on 1/12/2012 for I-Payment Cancel Fee (see attached statement for proof). My comment about not being able to contact your company but you have no problem taking money out of my checking account was based on this charge. I could not get anyone on the phone over there to even discuss the possibility of a refund.


- ******* did have access to my previous statements, and retained a copy of my latest one. You will have this in my file. It is standard practice for any merchant service provider to retain a copy of the most recent statement from the previous provider. Upon review by an experienced merchant service provider, he showed me that the effective rate as promised by ******* was clearly false. Again, ******* lied to me. Whether you would have given me a better rate was not an issue, because I refuse to do business with a dishonest
company.


- According to the letter I received from ******* ***** which was strangely sent out on the same date your
deployment facility received the machine, I cancelled the account on 12/11/2011.  The machine was shipped via
USPS Priority Mail on 12/13/11. Your company would have received it on 12/17/2011 but the tracking information
states your business was closed. USPS finally delivered it on 12/19/2011. (see attached tracking info) The letter
******* sent on 12/19/2011 states that there is a 10 day return policy on the machine. Your response here to the
BBB now states that is 7 days.

Which is it? 7 days or 10 days? (see attached letter)

- The processing charges were accrued by the deployment facility setting up and testing the machine. I never connected that machine upon receiving it. While I did agree to the $50 application fee, it was with the promise that ******* made that I would be getting and effective rate of 1.6% and there was no term on the contract, and no early termination fee.

Contacting customer service – Yes, I did actually communicate with the people that do the actual processing, and cancelled my account with them. They then explained I needed to contact your company directly to make sure everything is final. Getting to a person at your company proved extremely difficult. After numerous attempts, I was given an extension #*** by the processing company and told that was the cancellation line. I did speak with a woman there who said I would have to pay the ETF. After explaining my side of the story, she said that she would have to talk to ******* ********* and have him give me a call. This never happened. I attempted numerous times to contact ******* at extension #***, even using different phones to make sure he wouldn't recognize the number and ignore it. I left a message on his voicemail with my info and got no response. I waited several days and left another message with a different callback number, remaining anonymous. Still no response from *******. I then attempted to contact customer service again, using extension #***, as well as trying to get through to a salesperson via the automated phone system. No answer, no response after numerous attempts on different days. Most calls resulted in me contacting the actual processing company in some convoluted way for Merchant Services Direct to avoid having to talk to me.

I also attempted to contact ******* ***** at the number she put on the letter about the terminal return. No answer, no response to my message...

I resorted to the BBB because that actually got your company to respond.

Regards,

**** ******

 

 

 

Business Response:

Again, as this merchant raises a number of points, we will address them all in bullet form.

-          Early Termination Fee: This merchant has been released from his contract. He should not have been charged an early termination fee – that was a mistake on our parent bank’s part, and we have contacted them to have this merchant refunded the $350. This merchant is incorrect in stating “I could not get anyone on the phone over there to even discuss the possibility of a refund,” as he had spoken with our Customer Service representative prior to this complaint (on December 9th, 2011 to be exact), and even admits that he spoke with someone from our company later in his rebuttal.

-          Previous Statements: As this merchant’s agent is no longer with the company, we cannot verify the merchant’s claim that he provided a copy of his previous processing statement. This merchant claims “It is standard practice for any merchant service provider to retain a copy of the most recent statement from the previous provider,” which is also incorrect. We do not require this in order to open a new account. We are still willing to review this merchant’s previous processing statements in order to assess the validity of his claim regarding his effective rates. This merchant claims “Whether you would have given me a better rate was not an issue,” yet that is the basis we would use to judge whether or not this merchant was given incorrect promises by our agent. Without those statements, there is no chance this merchant will receive a refund beyond the accidental ETF charge.

-          Equipment: The merchant is correct that they period of time we allow a merchant to return their terminal is 10 days, that was a typo in our previous response. This is a moot point however, as the merchant is not going to be charged the unreturned equipment fee.

-          Reaching our company: We do have a record of this merchant speaking with one of our customer service representatives on 12/9/2011. The only way he would not have received a response is if he left a message with no contact information.

In short, this merchant will be refunded $350, which was charged due to a clerical error by our parent bank. Unless the merchant is willing to provide proof of his claim that he was quoted an untrue effective rate, we will not be able to process any further refunds.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

9*** * **********, St 400

Spokane, WA 99206

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8883726, and find that this resolution is satisfactory to me. 

As long as Merchant Services Direct follows through on their promise to refund the $350 Early Termination Fee within a timely manner (the promised 2 weeks from 2/7/2012), then I will consider this matter closed.

I would like to point out that in *****'s responses she commented repeatedly on how it could not have been difficult to contact them directly by phone, but when I tried to contact her at her direct phone number I received no response. I was careful to leave my contact details, as I had in every previous incidence where I left messages with this company and didn't receive a response.

I called ***** on 2/3/2012 and waited until 2/6/2012 with no response. I emailed her directly on 2/6/2012, and received a fast response "My phone is down so I haven’t been able to receive voicemails since Thursday. I will look into this and get back to you shortly."

24 hours later, I sent another email stating that I need a response so that I can respond to the BBB. I received an email from ******* a short time later stating that a paper check would be mailed to me, and it would take up to two weeks. That would be by 2/21/2012. If I don't receive a check for $350 by 2/22/2012, I will reopen this complaint.

Regards,

**** ******

 

 

 

 

BBB's Final Determination: Consumer accepted resolution offered by the business.

2/6/2012 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: Making illegal fees and charges to my credit card processing account. When I contact them they agree to reverse the charges but, never do. Then make more bogus charges. I finally cancelled the service. Then they charged me a cancellation fee, in spite of the fact, I have in writing, there will be hidden fees or charges and no cancellation fees or charges. Again, they charged my account. They use very crooked business practices.

Desired Settlement: All bogus charges refunded, especially the cancellation charge.

Business Response:

Good Afternoon!

 

In response to BBB complaint *******, we have consulted our records concerning this account. This merchant makes reference to “illegal” fees we debited from his account – this is patently false, as this merchant agreed to pay every fee he was charged. We have included a copy of his contract to reflect this. This merchant was accidently charged his Early Termination Fee, but that was the result of a clerical error, and the refund was initiated on 1/25/2012. If the refund is not already in his bank account, it will be there early next week.

 

This merchant also claims our company has promised him numerous refunds we have failed to act upon. This merchant does not mention that he closed the bank account we have on file for him, which slowed down the refund process significantly. We are still attempting to refund this merchant $30 in the form of PCI non-compliance fees.

 

Thank you,

 

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ************

(F) ************

9212 E Montgomery, St 400

Spokane, WA 99206

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

1/30/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: THIS CO. DEDUCTED $204.98 FROM MY ACCT. BEFORE I WAS ACTUALLY A CUSTOMER, IS STILL DEDUCTING CHARGES WHILE NOT PERFORMING ANY BUSINESS, THE SALES REP HAS NEGLECTED TO KEEP THREE APPTS. TO "SET UP" MY ACCOUNT. THE SAME SALES REP. WILL NOT ANSWER THE CELL# GIVEN NOR WILL HE RETURN ANY CALLS. I AM UNABLE TO GET THROUGH TO A MANAGER TO REQUEST MY MONEY BACK. MOST FRUSTRATING.

Desired Settlement: A REFUND OF ALL CHARGES DEDUCTED FROM MY BUSINESS ACCOUNT.

Business Response:

Good Afternoon *****

In response to BBB complaint 8880672, we have consulted the agent involved and reviewed our records. This merchant claims Merchant Services Direct deducted money from her account before she was a customer – this is impossible, as we are unable to deduct anything from a merchant’s bank account without their express permission in the form of a signed contract (attached to this email).

This merchant further claims her agent failed to keep three appointments, and will not answer her calls. This is false. Our agent has repeatedly told this merchant that in order to progress with reprogramming her credit card terminal, he would need information regarding her current gift card program. The merchant has neglected to do this.

Once we are provided with this document, we would be happy to progress with reprogramming this merchant’s terminal. For more information, the merchant can call ###-###-####.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * **********, St 400

Spokane, WA 99206

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8880672, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 

NOV. 17TH 2011: MET W/"****" AT CAFFE DELICIO,.  **** ASKED ME TO HAVE 2MOS. OF STATEMENTS FROM MY CURRENT 'MERCHANT SERVICE' PROVIDER. I HAD CLEARLY STATED I WAS NOT INTERESTED IN CHANGING MERCHANTS IF THERE WERE ANY CHARGES IN DOING SO. HE SAID HE UNDERSTOOD, AND THERE WERE "NO FEES OR CHARGES"  "WE MAKE OUR MONEY ON THE VOLUME OF CLIENTS WE HAVE" HE COMPARED MY CURRENT CHARGES W/ AMTS. APPROX. 1/2 OF WHAT I WOULD PAY THRU HIS CO.  HAD ME SIGN A STATEMENT SAYING THEY COULD CONTACT MY BANK TO VERIFY THE ACCOUNT AND TO 'PROVE' HIS GOOD-FAITH' WOULD WAIVE ANY CANCELLATION FEES, BY CROSSING THROUGH THE CLAUSE, WHICH HE DID. HE SAID HE HAD NO COPY TO LEAVE BUT I WOULD RECEIVE ONE IN MY 'NEW MERCHANT PKG.' ONCE I HAD BEEN APPROVED. HE THEN TOLD ME HE WOULD NEED A 'BLANK CHECK FOR PROVIDING BUSINESS INFORMATION." HE WOULD "GET BACK TO ME ONCE I HAD BEEN APPROVED"

NOV. 28TH : AN AUTOMATIC WITHDRAWAL OF 204.99, FROM MY BUSINESS ACCOUNT. SURPRISED, I PHONED ****S CELL (ONLY # GIVEN AT THIS POINT) FOR EXPLANATION, HE NOW MENTIONS THIS  IS A "ONE TIME CHARGE TO FIRST TIME CLIENTS." HE ALSO GOES ON TO EXPLAIN BECAUSE OF THE 'SAVINGS' COMPARISON THIS CHARGE WILL BE "A WASH AFTER THE FIRST MO." HE SAID HE WAS WAITING FOR NEEDED INFORMATION FROM MY 'LOYALTY CARD' PROVIDER BEFORE HE COULD REPROGRAM MY DEBT. MACHINE. HE WILL STAY IN-TOUCH.

JAN. 2012: RECEIVE A STATEMENT FROM 'MERCHANT SERVICE DIRECT' DEDUCTING 30.00 FROM BUSINESS ACCT.  I CALL THE CUSTOMER SERVICE # AND  I AM TOLD THIS IS A 'NO USE' FEE. A DIFFERENT CO. FROM 'MERCHANT SERVICES DIRECT'. I  CALL **** TO ASK WHY I AM NOT YET SET-UP THROUGH 'MERCHANT SERVICE DIRECT' AND AM BEING CHARGED MONEY? HIS RESPONSE WAS "OH, I WAS GOING TO CALL YOU TODAY, I HAVEN'T BEEN ABLE TO GET THE INFO. I NEED FROM YOUR LOYALTY CARD PEOPLE. COULD YOU GIVE THEM A CALL, I NEED YOUR 'SPREAD-SHEET' FOR ALL CARDS OUT, BEFORE I CAN CONTINUE."

I PHONED 'PROFIT POINT', SPOKE TO 'WENN' IN TECH. SUPPORT AND WAS TOLD  'SPREAD-SHEETS' WOULD NOT BE NEEDED FOR ANY TYPE OF REPROGRAMMING NOR IS THAT INFORMATION ANY OF THEIR BUSINESS. I PHONED ****, RELAYED THE INFO. AND AT THAT TIME SCHEDULED A WED. 6:00AM. FOR RE-PROGRAMMING. WED. AM 5:45, I CALLED ****S CELL-*********O CONFIRM, NO ANSWER, NO CALL BACK.  CALLED **** THURS. SPOKE AND RESCHEDULED FOR THE FOLLOWING SAT. EARLY BEFORE TOO BUSY AT COFFEE SHOP.

**** DID NOT SHOW UP ALL MORNING. I CALLED HIS CELL AND LEFT MESSAGE TO CALL ME BACK AT THE SHOP. NO CALL. I CALLED AGAIN APPROX. AN HOUR AND LEFT MESSAGE IF I DID NOT HEAR FROM HIM I WOULD BEGIN A CANCELLATION PROCESS.

JAN.16TH OR THERE ABOUT: I CALL THE ACCT. OFFICE TO INQUIRE ABOUT  PROPER PROCESS OF STOPPING ANY CHARGES BEING DEDUCTED FROM MY ACCT.  SINCE THEY ARE ACTUALLY NOT PROVIDING ANY SERVICE?  I SPEAK TO '*******' SHE HAS NO INFORMATION TO GIVE BUT WILL FAX ME  A FORM TO REQUEST CLOSING THE ACCT.

JAN.20:  I RECEIVE A  PHONE CALL AT THE COFFEE SHOP FROM *******, TELLING ME THE CALL IS BEING RECORDED AND AFTER TALKING TO THE MANAGER,  "THERE IS NO GUARANTEE THAT FEES WILL NOT CONTINUE TO BE DEDUCTED AND THE SALES REP. WILL NOT REFUND MY 204.99." I ASKED HER IF SHE UNDERSTOOD AND  TO MAKE IT CLEAR 'MERCHANT SERVICES DIRECT' WAS ACTUALLY NOT PROVIDING ME WITH ANY SERVICE. SHE SAID SHE UNDERSTOOD. I ASKED FOR THE NAME OF THE MANAGER AND IF I COULD SPEAK TO THEM. ******* TOLD ME THE MGR. NAME WAS ****** BUT WAS NOT ALLOWED TO GIVE ANY CONTACT #

MY PURSUIT IN THIS MATTER IS MOSTLY PRINCIPAL BASED. I AM AT FAULT IN REGARD TO TRUSTING THIS PERSON  I HAD NOT BEEN REFERRED TO, NOR DID I  LOOK  INTO DETAILS BEFORE GIVING ANY INFORMATION.  IT IS EMBARRASSING TO FEEL I HAVE BEEN UNWITTINGLY DUPED.

 

 

Business Response:

Hello!

We have attached this merchant’s contract, which clearly states a $204.99 application fee. While we do apologize if any miscommunication took place, the presence of this document makes it hard for our company to find any proof of misrepresentation on our agent’s part.

The “no use” fee this merchant is referring to is both her $5 statement fee and the $25 monthly minimum charge, both present on this merchant’s contract. We have already refunded $25 of this fee as a courtesy, and we are not sure why the merchant failed to provide that information in her rebuttal. However, according to our technical support specialist, we still require information regarding this merchant’s gift card program in order to reprogram her machine. This merchant can call ###-###-#### for information regarding both her refund and the documentation she needs to provide to progress with her account.

This merchant failed to mention that our customer support specialist informed her that funds would still be deducted from her account until she provided the cancellation form we provided her with.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * **********, St 400

Spokane, WA 99206

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Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8880672, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Regards,

**** ******

 

 

 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

1/27/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Merchant Services Direct represented by ***** ****** came into my store representing themselves as being affliated with Wells Fargo and claiming they could significantly lower my credit card processing bills due to new legislation. I had just signed a new contract to process my credit cards with Wells Fargo. ***** ****** assured me in front of a witness that is was no problem to switch companies due to the affiliation between Wells Fargo and Merchant Service Direct. ***** also stated Merchant Services Direct would take care of any early termination fees with Wells Fargo. This was not true as I have since learned. I have also discoverd upon reviewing my bank statements the the fees I am being charged are far higher than my contract states.

Desired Settlement: I would like for my contract with Merchant Services Direct and Executech Equipment Leasing to be terminated due to misrepresentation by ***** ******.

Business Response:

 

In Response to BBB complaint 8874254, we have consulted the agent named in the complaint, and reviewed our records concerning this account.

 

We apologize for any miscommunication regarding our relationship with Wells Fargo. We are an independent sales office associated with Wells Fargo, and if that was not communicated correctly, we are deeply sorry. With that said, we do believe we are saving this merchant money per month, and we have offered to review this merchant’s rates further. However, this merchant has declined several times to provide a previous processing statement, so we cannot verify her claims.

 

This merchant’s agent has also offered to pay her early termination fee associated with her old processing account – again, she would need a previous processing statement to do so. This merchant has refused to provide this document to her agent as well.

 

This merchant has also refused to take the PCI compliance SAQ several times, though should she do so and provide us with proof, we would be happy to refund her 1 month’s worth of PCI non-compliance fees.

 

At this time we cannot cancel this merchant’s lease, as she both signed a non-cancellable contract and performed a verbal verification.

 

Though we have spoken with this merchant several times concerning her account, should she decide to cooperate with our customer service department we would be happy to work with her regarding her rates. She can contact that department at ###-###-####.

 

Thank you,

 

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

9212 E Montgomery, St 400

Spokane, WA 99206

Consumer Response:

 

Better Business Bureau,

I have reviewed the response made by the business regarding complaint ID 8874254, and have determined that this does not resolve my compalint.

I have not accepted this response due to the fact that Merchant Services Direct is not providing any savings as they state. For the month of December I processed $4,000.00 in credit cards. We are a very small business. The amount of 225.24 was taken out of my account for their fees and that does not include the 38.00 for equipment lease.  I have completely lost faith and feel this company is deceitful. I am not comfortable providing them with any more  financial information or going online to fill out any more of thier paper work. (PCI compliance).

As for the prior merchant paper work they would like to see, they asked me for a copy of my current Wells Fargo Contract. I signed up with Merchant Services Direct due to the fact that they claimed an affliation to Wells Fargo and cancellation was not necessary. I had in good faith prior to Merchant Services solicitation recently signed a contract with Wells Fargo and I do not wish to cancel with them due to local ties.

To resolve this issue I would like a termination with no early termination fees from Merchant Services Direct and Executech Equipment Leasing.

I will be able to fax you any paper work you may need for reference at your request.

Thank you for your time,    ******* ***** 

 

 

 

Business Response:

Hi Joel!

 

As we have stated before, and is confirmed in this latest communication, this merchant has remained completely unwilling to work with our office to reduce her rates. We would like to reiterate that we would be happy to lower her rates if she provides proof that she is paying more with our company – we cannot, however, do that if she is unwilling to prove her claim. Additionally, we can confirm that $90 of the fees this merchant paid in December would have been waived if she had been willing to become PCI complaint. As it is, we would be happy to refund $30 of PCI non-compliance fees if we were willing to take the PCI SAQ and provide us with proof of her compliance.

 

We again apologize for any miscommunication between our agent and this merchant regarding our relationship with Wells Fargo, but regardless of this fact this merchant has refused to cooperate with our agent regarding what she needs to provide to have her previous account closed and her previous early termination fee waived. This merchant confirms that our agent asked for a copy of this merchant’s previous merchant statement in order to cancel her old account, and she refused to provide one.

 

Essentially, we cannot do anything for this merchant if she refuses to work with us at every turn.

 

Thank you,

 

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

9212 E Montgomery, St 400

Spokane, WA 99206

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

1/11/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: ******* ******** came in to my store and stated to me that I will get charged a flat rate for debit of $0.25 per transaction and no other charges will be charged, he said that my monthly fee would only be $5 a month in which they started charging me $25, and it was only for 2 weeks, not a whole month, I explained to them about how I was misrepresented from the beggining and asked if they would refund me my money, they stated no they would not, he also stated on the contract that I would have a 0 day hold on my money being deposited in my account that is written on the contract, they were holding my money for 3 days, I called and asked why, they did not have an answer for me for 2 weeks, I left several messages with ******* and also asked for her manager, she stated to me that she is in Florida and will not be back for a week, that she will have her call me when she gets back, 3 weeks later still no call from her manager. I looked in my account today and found out that they took $250 out on the 27th from my account when I cancelled with them on December 8th, called and spoke with ******* today, she said that she does not see where or why they charged me the $250, I faxed over proof that it was taken out of my account. I have had nothing but problems with this company and no one seems to be helpful nor do they know why they are charging my account.

Desired Settlement: I would like Merchant Services Direct LLC to refund ALL charges that have been taken out of my account and/or withdrawl or charge me anything else with out my permission.

Business Response:

In response to BBB complaint 8862271, we have reviewed our records concerning this merchant.

We have attached this merchant’s contract to this response, and as you can see each fee is clearly stated within the contract. As this merchant has closed their account with us, we cannot lower their rates any further.  This contract does state a 0 day hold on funds, but approval for this feature is based solely off of the merchant’s credit, and our bank determined that this merchant did not qualify. This merchant is currently on a 1 day hold, and we informed the merchant that changing the time he automatically batched out his transactions would reduce the amount of time it would take his money to reach his account. The merchant was not willing to do this, and instead insisted on canceling his account.

This merchant also claims that he was promised a call from a supervisor, and his calls were not returned for 2 weeks. Neither of those statements are true. This merchant’s calls have been returned promptly, and our customer service specialist ******* informed the merchant that most likely any managerial response would be communicated through her. As our calls are recorded for quality assurance, we are willing to provide a recording of this call if requested.

This merchant also claims he was fraudulently charged $250.00. This is also untrue. The merchant agreed to pay $250 for a First Data 10 pin pad. This merchant was shipped this equipment, and it is still in his possession. We admit that due to a bank error this merchant was accidently charged this amount twice, but this mistake has already been refunded.

While we do apologize for any miscommunication between our agent and this merchant, we have made every effort to assist this merchant. We believe that this complaint is unsubstantiated.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * *********** ** ***

Spokane, WA 99206

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

1/8/2012 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: I signed a contract to receive services for my business on June 4th, and was told to call my representative to help me set up my terminal when it arrived. I called my rep for weeks with no response, he finally called and set up a time and day, in which he never showed. I called him and left messages repeatedly. I finally decided to call and terminate the contract. I was sent a form to complete and return to the company, in which I did immediately. I kept seeing strange activity in my bank statements for months, and couldn't figure out why. Merchant services was billing me for 6 months, a total of $389.29. When I called the company, they verified that they had record of me calling to cancel in July, but never received my form. The company have not called, so I thought everything was canceled until I found out that it was them debiting my account. I was charged fees including not being Pci compliant, minimum processing fees, and statement fees. I have never once processed anything with the company, and still was being charged. I was reimbursed only $90.00 of my money, and was told that I could receive an additional refund of $60.00 if I did the Pci form. The company set up an appt for someone to help me do the form on the computer, since my password wasn't working. I scheduled my clients later, and no one ever called. I have did everything I was told to do with this company, and feel they have failed me, and I am paying the cost. I would like to be refunded $299.29, the money that this company has been debting from my account for months.

Desired Settlement: $299.29, only the money Merchant Services Direct have been debiting from my bank account.

Business Response:

Good Morning ****,

In response to BBB complaint 8856533, we have reviewed our records and consulted the agent named in the complaint.

This merchant claims she has tried to contact our office and her agent several times, to no avail. This is not an accurate statement. Our customer service department, our bank’s customer service department, and this merchant’s agent have consulted with this merchant several times. Our agent in particular has made an effort to assist this merchant in setting up her processing terminal, and claims he did in fact go to the appointment the merchant claims he never attended. According to our agent, the merchant decided she did not want to do business with our company anymore at this appointment, so he left.

Additionally, though we do have a record of this merchant requesting a cancellation form, we did not receive one back until earlier this month. After reviewing our bank’s records, we do see that this merchant contacted the bank regarding PCI compliance, but denied a call back regarding assisting her in completing the compliance process.

It is our company’s policy to refund 1 month of PCI non-compliance fees once we receive proof that the merchant has become complaint, and we are happy to honor that commitment. However, as this merchant has already been refunded $90.00, we are unable to refund anything further.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

9212 E Montgomery, St 400

Spokane, WA 99206

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

1/5/2012 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I was contacted by ***** **** representing Merchant Services Direct(MSD) concerning credit card processing. He claimed they offered an amazing rate and asked me to fax him copies of the last few months of my current processors statement to see if they (MSD) could beat my current rates. After reviewing those statements ***** contacted me and claimed, yes, indeed they could save me money. He specifically told me that they could've saved me almost $60 on my last statement. I verified with ***** several times that there was NO annual fee, NO PCI fee and no other hidden fees I was unaware of that would surface in the future. ***** confirmed that all of that was true. Incorrect information I have come to discover. With my current processor I was using a terminal free of charge. By switching to MSD I would be paying $204.00 for the terminal. I figured that if I would be saving around $60/month I could make up the $200 pretty quick. To my shock, and utter disappointment, when I received my first statements from MSD the rates were no where near as low as my previous processor. It was actually costing me MORE money. On top of paying $200 for a terminal I was now paying a higher processing rate. A choice no one in their right mind would make IF they were given correct information up front. Then to top it all off, this month I was charged $129 for PCI compliance, which I was assured several times before signing the contract that I would NOT be charged ANYTHING as long as I stayed PCI compliant. In addition to the $129 fee I have also been charged a $25 Business Identification Fee, which was never disclosed to me. Not only am I not saving the $60/month that was originally claimed, it is actually costing me MORE money to process with MSD. Considerably more with these new additional fees. Time has proven that MSD clearly does NOT offer me lower rates than my previous processor. I was lied to and completely misled. The facts are obvious. MSD should be held accountable for the false information I was given.

Desired Settlement: Given the false pretense in which I signed the contract, it should be considered null and void. I expect MSD to release me from the Early Termination Fee imposed if I cancel my service with them before 3 years. I also expect MSD to find a way to refund me the $129 PCI fee and the $25 Bus. Ident. Fee, which I was GUARANTEED before signing the contract, did NOT exist. I also expect to be refunded the $204 I was charged for the terminal and instead participate in the "Free Placement Program".

Business Response:

In response to BBB complaint 8847413, we have consulted the agent named in the complaint, and reviewed our records.

This merchant claims she wishes to be in the Free Placement program, yet also wishes to cancel. We are unsure of what the merchant means by this, as the Free Placement program is an option available to certain merchants who currently process with us. Under this program, certain merchants may choose to pay a monthly fee to use a terminal while processing with Merchant Services Direct, and when they decide to part ways with our company, they return the terminal. As this merchant has not only bought her terminal, not paid any monthly fee, and wishes to cancel her account, she is not eligible for the program.

One of our reps has already talked to this merchant and it was established that we are willing to waive both of their early termination fees. Additionally, we do want to note that we have already lowered this merchant’s rates to well below cost, and refunded this merchant $22.13.

The merchant further claims that she was not informed of additional fees such as the Business Identification fee and PCI fees. This merchant was informed of these fees through both her statement and through a letter sent to her directly, so we are unclear how this could be the case.

If this merchant has any questions, please have them call ###-###-####.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * **********, St 400

Spokane, WA 99206

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8847413, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I am not requesting to cancel my account with MSD unless there is a way to be refunded the $258 I have paid for a years worth of PCI compliance fees.  I have spoken with a representative that informed me that my Early Termination Fee has been waived on the the location where it originally applied.  I do appreciate that. 

I disagree with the response from MSD because they claim I was informed of the PCI fees and Business Identification Fees and also that I did not pay for my terminal.  I paid $204 for one of my terminals.  For the other location I am participating in the Free Placement Program.  As far as the PCI and BIF fees I was never informed of these fees until they appeared on my November statement.  I specifically asked ***** ****, the representative who signed me up, about the PCI fee and he claimed as long as I stayed compliant there was no fee.  I asked this because with one of my previous processors I was being charged $7.50/month ($84/year, much cheaper than $129/yr) for PCI compliance and I understood this was a necessary fee.  However, I believed the information I was given by *****.  I have never received any letter stating that those fees would be assessed. 

I do not think MSD is a bad company.  In fact, they have been very friendly to work with.  I only believe that I was falsely informed on several accounts.  Most importantly that MSD could offer me lower rates than my previous processors.  It is obvious that was not true.  Due to the misinformation I was given I feel that MSD should refund me the $204 I paid for the one terminal and allow me to participate in the Free Placement Program, which does not have a monthly fee, just like I am participating in with my other location.

I understand that MSD states that I am currently processing at below cost rates and that they are a business and need to make money.  I also understand that I was receiving lower rates with my previous processors and that it would not make financial sense for me to switch to a higher processing rate.  I feel that if I would have been properly informed of all the fees, and if the statements I sent over to MSD from my previous processors would have been assess properly we would not be in this predicament.   I believe that MSD should do everything they can (refund PCI fees and/or BIF and/or terminal cost) to help offset the increased cost to me at processing with them instead of the lower rates I was receiving.

 

Regards,

****** *******

 

 

 

Business Response:

There are a few points we would like to address. Again, we would like to apologize for any miscommunication between our agent and this merchant, but PCI fees are listed in two separate locations on the contract this merchant signed. We acknowledge that this merchant took the proactive step to remain PCI complaint, however we are simply not allowed to refund PCI annual fees.

We have also offered to refund any difference in processing fees charged by our company in comparison to this merchant’s old processing company – so long as this merchant provides proof that she is paying more with us. So far, we have not received anything with regards to this issue.

At the time this merchant began processing with our company, the Free Placement program did not have a monthly fee. However, in late July we began charging a $5.95 fee to participate in that program. Because each terminal must be uniquely registered in order to be a part of this program, the merchant would have to return the terminal she purchased and be sent out a new terminal to order to participate. In addition, the merchant would have to sign a new Free Placement contract, and agree to pay $5.95 per month for her new terminal. Again, we are deeply sorry for any miscommunication between our agent and this merchant, and we are more than willing to assist this merchant in adjusting her account with us. If this merchant can prove that she is paying more in processing fees with our company, and she is willing to satisfy these requirements, we are willing to refund this merchant the amount she paid for her terminal and enroll her in the Free Placement program. As stated previously, we are also willing to refund this merchant any difference in processing fees between our rates and her old company.

Thanks, and have a good day!

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

9212 E Montgomery, St 400

Spokane, WA 99206

Consumer Response:

 

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8847413, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

It appears we may have to agree to disagree.  The point I want to make here, and my biggest complaint, is that I was completely mislead by ***** **** the Account Executive for MSD.  Once again, he claimed that on my May 2011 statement from my previous processor, which was faxed to MSD for their review, that he could have saved me $60 if I was processing with MSD.  That was completely false and has been verified.  On August 10th, after being appalled at the new rates I was paying with MSD, I spoke with **** and she asked me to fax over more of my previous statements.  I faxed over my April, May, and June statements from both of my previous processors for her review (6 statements total).  It was obvious MSD was not beating my rates, let alone SAVING me $60/month so **** offered me lower rates to try and compensate and break even with my previous processors.  Now I have been charged an additional $154/yr, an average of $12.83/month, more on both accounts.  Adding that $12.83/month puts me WAY above what I was previously processing at (proved by the 3 previous months statements faxed to **** in August which should still be on file).  On top of all that I have also paid $204 for a terminal when with my previous processors I was using their terminals for FREE.  Adding the $204 to the $308 ($154 x 2) equals $512 I am out by switching to MSD.  Over the course of a year that's an average of almost $43/month.

I did find in my contracts a small box that states "A PCI compliance and data security fee will be assessed on an annual basis."  However, there is no dollar amount with that statement.  Plus, there are several items on the contract that I asked ***** about and I was told that they would not apply.  Since I had confirmed with ***** several times that I would NOT be charged a PCI fee and knowing that there were other items on the contracts that did not apply to me I assumed the same with that box.  Especially since there is no dollar amount in the box AND ***** had drawn a line through that box on both of my contracts.  I have attached that sheet of both of my contracts as proof.

As far as the Business Identification Fee, I can not find anywhere on my contracts where that is disclosed.

I absolutely would like to be refunded the $204 I was charged for the terminal and participate in the Free Placement Program even if that is not "free" anymore.  $5.95/month sounds a lot better than $204.  It's unfortunate that I was using terminals for free before switching to MSD and now I have to pay for my terminal AND pay higher rates.

I would appreciate someone contacting me so I can switch to the free placement program.

Again, my biggest complaint is that I was mislead by a representative from Merchant Services Direct.  Nobody likes to be told one thing when the facts are another. 


I do appreciate the kindness of the representatives I have recently worked with.  Merchant Services Direct has proved to have good customer service.  I assume that for some reason they are just not able to offer me as low of rates as I was previously receiving.

****** *******

 

 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

1/4/2012 Billing/Collection Issues | Read Complaint Details
X

Additional Notes

Complaint: I signed up with Merchant Services Direct with the understanding that I was getting a "great deal" on my credit card fees, however in the past few months, they have charged me 100's of dollars in extra fees which were not disclosed at the time I signed up.**** ****** came and spoke to my colleague and I (both independent massage therapists). I asked lots of questions about fees and I was especially adamant about an annual fee. He assured us that there were no additional fees aside from our agreed upon monthly fees (statement fee, wireless access fee) and the credit card processing fees. For the first 6 months or so, this was the case. However, 3 months ago an extra fee of $30 appeared on my account. This happened again the following month and now this month, there was an additional $124 in fees. I called them about the fees and they said the $30 fee was a PCI non-compliance fee because I didn't do the necessary internet-based compliance that they had asked me to do. Only problem is, I was never told of this. I pointed that out to the woman who promptly told me that it was on my statement. Upon looking at my statement, I did find it on my statement, but frankly, I do not find this an adequate way to request my compliance. In addition to the $30 non-compliance fee, they also charge me a $25 one time fee for business verification and an ANNUAL fee (but it's not really an annual fee but rather an annual PCI fee), something that was certainly NOT disclosed to me at the time I signed up. My total fees for the past three months was close to $250 and I only did $615 in credit card sales. That's a whopping 45% of my credit card income from the past 3 months. To top it off, I called and asked to cancel and they said it would be $350 early termination fee.Mr. ****** was not upfront with me and I know I got scammed. Looking back on it, I realized that he scheduled a very short meeting with us and pressured us into signing by saying he wouldn't be back in the area for a few weeks.

Desired Settlement: I would like a refund of the 3 - $30 fees (which they have told me that would refund now that I'm compliant). I would also like the other 2 fees ($25 fee, and $69 annual PCI fee). I would also like to cancel my service without a $350 fee. I would also like the same for my colleague.

Business Response:

Good Afternoon ****,

In response to BBB complaint 8850142, we have reviewed our records and consulted the agent named in the complaint.

As we have already informed the merchant, once we receive proof of PCI compliance in the form of the completion certificate, we would be happy to refund the merchant one month of PCI non-compliance fees. This fee is charged when merchants do not comply with PCI compliance – merchants are informed of this on every statement.

Our merchants were also informed of the $25.00 business identification fee both on their statements and through a separate letter. This fee is charged due to a new business identification regulation assessed by the US government, and the merchant had the option to cancel her account if she objected to the fee. However, the merchant neglected to inform us of any desire to cancel until months after the fee was charged.

Our position is that we disagree with the merchant’s claim that she was not informed of the fees she objects to. Every fee she lists, including the $350 early termination fee, was disclosed either during her initial appointment or through direct communication to the merchant. Again, once we receive proof of PCI compliance, we would be happy to refund one month of PCI non-compliance, but beyond that we are unable to offer any other refunds at this time.

If the merchant has any further questions, she can call ###-###-####.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * *********** ** ***

Spokane, WA 99206

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8850142, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

 

Unfortunately, I think my copy of my contract was misfiled because it is not in the file with my other paperwork from Merchant Services Direct, however my colleague has a copy of hers and we both signed similar contracts so I have a requested a copy of her contract.  I do however have a "Schedule of Fees which was issued to me by Merchant Services Direct.  I am attaching a copy of this document.  Please note that there is no indication of any PCI fees of any kind including monthly non-compliance fees or an annual PCI fee. 

Since, I do not have a copy of my contract, I am unable to read through it line by line and determine if I did indeed signed something that said there was an annual PCI fee.  I specifically remember speaking with my sales agent about no annual fees and no additional fees beyond the monthly fees I had agreed to.  If I had known about any other fees, it simply would not have been worth it to me because I do a very low volume of credit card sales. I was told there was not an annual fee, I wasn't told about the PCI fees and I wasn't told about the early termination fee of $350.  I'm not saying they weren't in the contract, I'm simply stating that despite my insistence that I couldn't afford additional fees, the salesman chose not to disclose those fees to me. I believe that I made a very big mistake by not going through the lengthy contract with a "fine-toothed comb."  I do feel like the salesman pressured us into signing that day by indicating that he wouldn't be back in the area for several more weeks.  He also made us feel pressured by making it clear that he had another meeting to get to.  Knowing what I know now, I would most certainly have said "I don't care if you have another meeting, I WILL NOT sign this contract without reading it in it's entirety."  Had a done that, I'm sure I would never have signed up with them in the first place.  If I have learned anything from this process, it's this: never trust anyone because there are few honest people in the business world! 

With regards to the monthly PCI fees, I did the necessary PCI comliance online and sent the certificate to Merchant Services Direct via e-mail.  I was told that once I did this, I would receive all three months ($90) in fees back.  In the letter from them, he indicated that I would receive only one months fees back.  I have yet to receive any fees back.

With regards to the one time $25 fee, I understand that is a one-time fee and I am fine with it and never called because I understood that fee and was rightly informed of it.  

At this point, I don't care if I don't get any money back (despite paying them over $250 over the past 3 months in fees off about $600 worth of credit card sales), as long as I do not have to pay another dime to Merchant Services Direct.  As I told the woman on the phone, if I can mail back the Credit Card Machine (which I paid for), Merchant Services can have the machine and all the fees they've already charged me, if I can walk away today with no early termination fee.

Thanks so much for your time and attention to this matter! 

Regards,

******* ******

 

 

 

Consumer Response:

I guess in a sense I am accepting their response but wish to emphasize my disgust with Merchant Services Direct.  They are, at best, a VERY shady company.  I will be closing my account with them and will be contacting them this week about making payments on the $350 termination fee.  It disgusts me that after I pay the fee, I will have made no money off credit card sales using their services, but it is what it is.  I made a HUGE mistake by not looking them up on the internet and signing a contract with them without taking time to do so.  Had I simply typed in their name, I would have found the hundreds of complaints about them all over the world wide web and most certainly would NEVER have entered into an agreement with them.  I believe that what goes around comes around and this will catch up with them in one way or another.  You simply cannot continue to rip people off and stay in business.

For the record, I would like to say that the lowering of fees that they offered me were pennies when compared to the hundreds of dollars in fees I've paid them.  I do less than 10 transactions a month and they were offering to save me about $0.05 per transaction or about $0.50 per month.  It's laughable that it would be considered a solution to the problem. 

All the best and thank you for your help.

Sincerely,

******* ******* ***

 

 

 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

12/30/2011 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Merchant Services Direct is a scam!From day one of signing up with this company, we have been lied to and put through the loops. When we signed up with Mercant Services, we were told by our "personal customer service repersentative" that she would handle everything from canceling with our old credit card company to personaly helping us with any problems we may have. She never returned calls or helped us with any problems. It has currently come to our attention that our account with out old company was never terminated and was never contacted by Merchant Services. When we brought this to their attention, all we were told was that our repersentative had moved out of the state and we would have to talk to her to resolve the issue. They were unable to give us any information on how to reach ***** (our repersentative) and would not help us any further in the that matter. Any time we have called about any issues with their machines or billing, we have been passed around to all different departments before we can get a hold of someone who has any ideas of what they are doing. Still nothing has been done. One of our machines doesn't even hook up right and the other has issues with the computer. We have been told by there tec support that what we need to do to fix the problem is to call and hire a computer tec; they will not come out and fix the problem.We have been told by one of their costumer service gals that there is no data base for local business branches due to high turnover rates because of their businesses being bought our by other creditors. I do not like the fact that our information is passed around by multiple companies but yet it is our responsiblity to hire someone to fix their problems so that their information is secure.

Desired Settlement: W are asking to terminate our services and to not pay for any contract fees. We are also asking for a refunds owed to us due to poor costumer service.

Business Response:

In response to BBB complaint 8847056, we have consulted our records and contacted the agent named in the complaint.

First and foremost, we apologize for any miscommunication between our agent and this merchant. From what we can discern, this merchant was under the impression that our agent was going to cancel her old processing account, while our agent believes she told the merchant to wait to cancel her old account personally until her account with our company was finalized. Additionally, this merchant seems to be under the impression that she must hire a computer tech to fix her terminal. This is not the case, as our office has informed the merchant numerous times that all she needs to do is call our Technical Support division and follow their instructions.

We are also unsure of what the merchant is referring to with this statement: “there is no data base for local business branches due to high turnover rates because of their businesses being bought our (sic) by other creditors. I do not like the fact that our information is passed around by multiple companies but yet it is our responsibility (sic) to hire someone to fix their problems so that their information is secure.”  Our business has never been bought by any other company, and we are unsure as to what the merchant is referring to by “data base.”

As the merchant does not provide any specific refund requested, we cannot address any specific refund. This merchant has already been informed that we cannot waive her $350 early termination fee.

If the merchant has any further questions, we would be happy to address them at ###-###-####.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

Aallen@msdnw.com

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * *********** St 400

Spokane, WA 99206

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

12/20/2011 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I have tried to contact this company and cancel our membership, we have had issues with them not returning our calls for a couple of days and we were promised to be on a zero day hold and then we received a letter saying no, they could not do that at this time. I called back and left a message that I was turning them over to BBB and they finally called back, I told them that I wanted to cancel as of 11/10/11 and I wanted a fax stating that I was cancelled by 11/14/11 and here it is 12/1/11 and I still have not received that fax, I did receive a phone call and the employee said that he would call back the next day and that was the week of 11/14/11 and still have not heard anything.

Desired Settlement: I want to be cancelled with all their services.

Business Response:

In response to BBB complaint 8829420, we have reviewed our records regarding this merchant. According to this complaint, the merchant claims they have called in several times attempting to cancel, and have been unable to do so. However, we have only one record of this merchant contacting us at all, that that was in relation to a separate issue. We have attached a cancellation form to this response, and as soon as we receive it back from the merchant, we would be happy to cancel his merchant account.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ************(F)**************** * *********** ** ***

Spokane, WA 99206

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8829420, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

see attached

 

Regards,

***** ******

 

 

Business Response:

Good Afternoon *****

We have received the account cancellation form from the merchant involved in complaint 8829420, and we have submitted it to be processed. This merchant can expect his account to be closed within 1 business week. However, in his original complaint, this merchant made no mention of a lease. Unfortunately, the lease application he signed clearly states his lease is non-cancellable, and we have a verbal recording on record of this merchant agreeing to those terms – both are attached to this response.

Regardless of whether or not this merchant decides to close his merchant account, his terminal is his to keep until the end of his lease contract. While we would be happy to work with this merchant to lower his rates, if the merchant prefers to use his terminal with a new company, he is free to do so.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

******@msdnw.com

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * *********** ** ***

Spokane, WA 99206

Consumer Response:

 

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8829420, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

We wanted to use our own proccessing equipment to proccess our credit cards the representative said that we had to lease different equipment from Merchant Services Direct in order to use their services, if we would not have used their services we could have used our own equipment which is the exact same that we had to get through Ladco. They are both VX510 VeriFone.

We feel that Merchant Services Direct should be liable for the rest of the contract because they did not honor their agreement with us and we could have used our own equipment which was identical to the afformentioned leased equipment, but the sales representative for Mercahnt Services Direct said that we had to have the leased equipment. 

Regards,

 

***** ****** 

 

 

 

Business Response:

If this merchant was not willing to lease a new terminal, we are not sure as to why the merchant willingly entered into a lease contract. We believe we have honored all aspects of the contract the merchant signed, as approval of a zero day hold is wholly consistent on the merchant’s credit.

Thank you,

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * *********** ** ***

Spokane, WA 99206

Consumer Response:

 

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8829420, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Merchant Services Direct misrepresented themselves by not doing as they promised, I was promised by a rep. that she would get me on the zero day hold and she even called back and said it is done, which when I used the machine it was still not on zero day hold. As for zero day hold approval being wholly consistent with my credit, I do not beleive that to be true, because I was told on a regular basis that is was how many times a month and the amount which is proccessed through the machine that predicts zero day hold, we were told to call back at the end of each month to see if we could get on zero day hold, finally I told them to cancel me because with my old account I could get zero day hold with no questions asked and that is when I was promised zero day hold, and never happened.

Regards,

 

***** ****** 

 

 

 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

12/7/2011 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Nearly 30 years in business...I've never quite seen a company SCAM like this one. Boasts lower credit card processing and performs personal, on-site evaluation and says you can save money. I get the bill and I've never paid more for processing less! Hidden fees on their bill with no explanation-will not return calls. This company accepts purposely falsified, embellished, exaggerated, and fabricated applications with convenient ommissions as filled out by their own reps to get you "qualified" and then the rep vanishes. Will not return phone calls or email...doesn't even answer phone. Classic "bait and switch". In my opinion, thieves. Most ignorant, unprofessional, gutless group I've ever met-and I've met plenty over the years. Their goal apparently is to simply collect the $100.00's for early termination fees on a 3 yr contract that is never mentioned during the "we'll put you on month-to month, with FREE terminal" pitch. Such ignorant behavior, and general lack of response raises suspicions. My experience is people run/hide for a reason...just like MSD, after making false, misleading and fraudulent statements to trick me into your service, stealing money and then won't even return a phone call....I think you have reason, albeit unacceptably poor, to hide.

Desired Settlement: Reimbursement of lost funds-The amount missing is $665.35

Consumer Response:

Hi Joel,

Thank you for the follow-up.

This too, is typical of this outfit...ask a question about anything they do and they need to have copies of their own paper work sent to them-simply BS. Watch, next they'll need a copy of their contract, letter from the bank, last yrs tax return, copy of the last processor agreement, nothing but stall BS etc etc etc..... etc

Here is the Business they stole money from:

*** ****** ******** ********
*** ** ******* *** *** ***
*** ******** ** *****

Here is their Merchant ID # they issued:

****************

My demand is a refund of $665.35.

"Salesman" name given is "**** *******" (office in Centennial, CO, claims he is the owner) however I suspect he goes by other name(s) ie ****, *****, *****???

Just noticed as I look at the "contract" they mailed me ...the first two pages are not the ones I filled out that day in my office-only the last page (with my signature) has my hand writing. The first two pages are now in his handwriting. NO copy of the agreement was left with me that day. I had to request it through the Spokane Office after the BS began.

****, let me know how this turns out, ok?

Couldn't help but notice that "Ipayment" (where the PCI Charges go) is the same group, same MO, over 200 complaints of the same pattern and nature in CA...

Also noted they are associated with Well Fargo in Walnut Creek, CA

regards,
****



Business Response:

In response to BBB Complaint 8805154, we have consulted the agent named in the complaint, in addition to our records regarding this merchant.

This merchant does not specify what "hidden fees" he is referring to beyond an ETF charge. While we are willing to refund the ETF as a courtesy, the contract this merchant signed clearly indicates a $350 early termination fee. Beyond that, we are unable to refund this merchant anything further than the $30 he has already received due to processing error.

Within this complaint, the merchant makes a number of quite simply slanderous remarks against our company. He refers to our company as "ignorant, unprofessional, [and] gutless," and guilty of "making false, misleading and fraudulent statements." Additionally, he claims that asking for any specific information about himself is "nothing but stall BS," and accuses his agent of going under an alias. None of these allegations hold any merit. This merchant was given substantially lower rates than the average merchant, and we have found no evidence that this merchant was lied to in any sense. We admit that this merchant was accidentally charged $30.00 due to a processing error in closing his account, but that was promptly refunded as soon as the error was brought to our attention.

If this merchant has any further questions, he can reach our Partner Support division at ###-###-####.

 

Thank you,

 

***** *****

Merchant Services Direct

Operations Manager

****************

MSDMerchants.com

(P) ###-###-####

(F) ###-###-####

**** * **********, St 400

Spokane, WA 99206

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8805154, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Regards,

**** *********

 

 

As you can read, this group is pretty much a one-string-banjo-all they can say is-you signed a contract.

I reject their response because they ignore my most important point:

They misrepresent, falsify, embellish and use unlawful tactics to coerce potential vendors to sign the contract-That means they don't have a binding contract.
They have a signed contract and that's their position.-period...no talk about HOW THEY GET SIGNATURES.

So Mr MSD Direct,

Your representative came to my office and after his analysis told me I could save money.....


I ASK YOU....Sir....

Why would I sign a contract that has fees that are 200% higher than what I am paying? Because your Rep said they would be lower-that's a lie.

Why would I sign a contract that has a 3 yr term when my business is struggling financially? Because your Rep said I was on a month to month arrangement-That's a lie.

Why would I tell you as a new processor that I currently do not accept credit cards when I have for years? Because your Rep lied by checking that entry

Why would I exaggerate my 200 Sq' office space over 700% and call it a "Very Nice" "Retail store front? Because your Rep lied and wants the account to look better than it really is-embellished

Why would my contract state I've never had a chargeback? Another lie by your Rep...25 yrs in business and I've never had a charge back? please.

Why would I pay inflated PCI fees? Because your Rep lied and said they would be less than what i am paying now.



In summary, Sir, the answer, is your rep misled, omitted and mislead me on these very issues. He lied to persuade me to sign-that's the only logical answer.

It's also the answer that I going to the Attorney General with as it appears they already have quite an interest in MSD and Ipayment Inc's shoddy business practices-over and over.


Your company is not accredited by the BBB, nor is Ipayment Inc....why?-over 200 complaints and a pattern that is obvious-you're liars

Furthermore, my response from Wells Fargo sheds quite an insight as well...


Fast Growing Fortune 500 Company?
We'll see,
****
*** ****** ******** *******
###-###-####















Business Response:

As this merchant has a number of concerns, we will answer each individually:

·         Fees are 200% higher than what he was paying initially.

o   As we stated previously, this merchant was offered at or below cost rates when he signed up with Merchant Services Direct - rates far lower than the average merchant. Because this merchant has canceled his services with our company, we obviously cannot lower his rates any further.

·         3 year term of contract:

o   Again, we have waived this merchant's early termination fee as a courtesy, and the $350 charge is in the process of being refunded. If this merchant has any questions about this matter, he can call ###-###-#### to discuss the matter of his refund.

·         Discrepancies in Contract

o   This merchant mentions a few instances of discrepancies within his contract, including office space, previous credit card processing, etc. As we have no way of verifying his claims, we cannot comment on the accuracy of his concerns. Occasionally, mistakes are made providing merchant information, and we do apologize if any mistakes occurred,  but regardless, these factors have nothing to with the merchant's fees or rates.

·         PCI Fees

o   After a review of this merchant's processing statements, it appears this merchant was charged additional PCI fees because he failed to take the PCI compliance survey listed on every one of his statements. Every merchant services company requires merchants to become PCI compliant, and this merchant was given ample notice of the extra fees he would incur should he decide not to maintain PCI complaint.

We have already refunded this merchant $30.00, and are in the process of refunding $350.00 more.  Beyond that, there is no proof of any wrongdoing on our part, and no proof at all that we charged this merchant more than his previous processor. If this merchant is willing to submit processing statements from his previous merchant services provider that prove he was charged significantly more with our company, we will be happy to refund the difference in fees. After a review of his statements, it appears that the majority of this merchant's fees are PCI based - PCI Compliance is the merchant's responsibility, and we would like to reiterate that every single statement sent to this merchant mentions the importance of PCI compliance. At this time, we are unable to offer this merchant any further refunds.

Thank you,

***** *****

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

10/26/2011 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: I was sold the Merchant Services Direct credit card processing service in person by two salesmen, ***** **** being one. We spent an hour together, and yet in that time neither party mentioned the terms of the contract I would be signing. I am 100% certain of this, because if they had I would not have signed up for their service. Their minimum contract runs for 3 years, and I would not have been willing to sign up for that. What I am not 100% certain of is if I asked. I usually ask about return policies, and I usually ask what I need to know that they haven't told me, but cannot recall any specifics on this. What I do know is that I would not have taken the deal had I known what it was. So even if their sales pitch did not rise to the level of illegal activity, I believe it is certainly unethical. And I believe that an honest company would be concerned about how their sales people are representing it to potential customers. I only found out about this because the whole deal has been more expensive than represented to me and a lot more hassle, and I called yesterday to return the equipment. I then found out that I couldn't, and that I have no options regarding this.

Desired Settlement: I want to return the equipment and not be locked into the 3 year contract.

Business Response:

Good Morning ****!

In response to BBB complaint 8777292, we have consulted our records concerning this account.

We believe that this complaint is wholly unfounded. As we have attached to this response, every term in this merchant's contract is clearly stated. The merchant claims she was not told the terms of the contract, and admits that she does not remember if she asked how long the contract ran for. This information is stated within the contract she signed. We believe that the merchant unfortunately did not fully read the contract before she signed it, and several months later is attempting to break the terms she agreed to.

We have found no proof whatsoever that this merchant was lied to. The merchant is free to cancel her account and return her equipment, and once we receive an Account Closure form, we will be happy to do so. However, we are unable to waive the early termination fee of $350.00 this merchant agreed to in her contract. We have already worked with this merchant to lower her fees, and would be happy to discuss her account further at ###-###-####.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 8777292, and although I do not find this resolution satisfactory to me, will not pursue the issue further.  I appreciate your efforts on my behalf. 

 

Regards,

 

 

***** ********* 

 

 

 

 

BBB's Final Determination: Consumer accepted resolution offered by the business.

10/24/2011 Problems with Product/Service | Complaint Details Unavailable
10/21/2011 Problems with Product/Service
9/20/2011 Problems with Product/Service
8/10/2011 Problems with Product/Service
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