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Central Indiana

This Business is not BBB accredited


Phone: (888) 570-2386 Fax: (877) 749-7445 9865 E 116th Street, #800, Fishers, IN 46037

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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.

To be accredited by BBB, a business must apply for accreditation and BBB must determine that the business meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses must pay a fee for accreditation review/monitoring and for support of BBB services to the public.

On Octoboer 13, 2014, the accreditation for this company was suspended due to the company’s current rating with Better Business Bureau.  This matter will be reviewed by the BBB’s Accreditation Standards Committee at its next meeting.

Reason for Rating

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

Factors that lowered the rating for AdvoPay include:

  • Length of time business has been operating
  • 19 complaints filed against business

Factors that raised the rating for AdvoPay include:

  • Response to 19 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.

Customer Complaints Summary Read complaint details

19 complaints closed with BBB in last 3 years | 6 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 5
Billing/Collection Issues 4
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 10
Total Closed Complaints 19

Customer Reviews Summary Read customer reviews

3 Customer Reviews on AdvoPay
Customer Experience Total Customer Reviews
Positive Experience 1
Neutral Experience 0
Negative Experience 2
Total Customer Reviews 3

Additional Information

BBB file opened: May 16, 2011 Business started: 03/08/2010 in IN Business incorporated: 03/08/2010 in IN
Type of Entity


Business Management
Mr. William Wise, President Mr. Greg Perry, Customer Service Director
Contact Information
Customer Contact: Mr. Greg Perry, Customer Service Director
Principal: Mr. William Wise, President
Business Category


Alternate Business Names
Advocate Merchant Solutions, Inc.

Additional Locations


    9865 E 116th Street, #800

    Fishers, IN 46037 (888) 570-2386


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Complaint Detail(s)

10/5/2014 Problems with Product/Service
9/1/2014 Problems with Product/Service
1/5/2014 Problems with Product/Service
11/30/2013 Problems with Product/Service | Read Complaint Details

Additional Notes

Complaint: The problem I am having with Advopay is That there employee ***** ********* who appraoched me about Advopay is no longer with the company because the fired him. Now everything he told me reguarding Advopay is untrue. ***** ********* told me I do not have a contract with Advopay. I pay a statement fee of 5$ and 20 basis points on charges. I own the terminal becasue he was paying for it. I did not have to pay any other charges that was it. Well that was not the truth every month since I signed on the Advopsy my bill as been incorrect. ***** had to come here every month and go over my statement. He assured me that i would be refuneded the differnce every month. He did say that it might take a while but I would get the refunds. Well I got a refund but not all that I was due. Now that ***** has been let go Advopay represntative ******** is telling me I do not own the terminal. I have to pay a monthly warty fee. I have a 5 year contract and pretty much my fees are my fees. I told ******** from Advopay that it is unacceptable that everything ***** ********* told me was untrue. She said I signed a contract with ***** *********. When I asked her to ssend me a copy of this contract she did but the unfortunate thing is. When ***** had me sign a form it was allowing Advopay to access my bank to allow them to make the transactions. There was another 6 or 7 pages that I never saw. I also said to ******** that my signature should be on the piece of paper that states I am signing a 5 year contract. There is nothing that says that on the piece of paper I signed. I only signed giving Advopay permission to access my bank That is it

Desired Settlement: I would like the outcome to be that I do not have to deal with Advopay anymore . I do not want to usse them as my Credit Card Processing Company. I do not trust them they are costing me more than my previous comapny. I would also like if not a refund than to just keep the termianl which I was told was mine in the first place.

Business Response:

Thank you for your assistance in resolving this matter. We hope to fully address the complaint of this active customer with our response today.

On March 29, 2013, Ms. **** ******* of ****** ********** entered into a sixty (60) month merchant processing agreement through Advocate Merchant Solutions, Inc.  Ms. ******* is a current active customer of AdvoPay and as of today, November 15, 2013 ****** is still actively processing with us.  As evidenced by Ms. *******s signature on page 33 of the program guide (attached), and section 8 “The Agreement contains provisions”, it is clear that Ms. ******* had complete understanding that this was a contractual obligation and subject to early termination penalties.

On the date of signing application Ms. ******* also signed a no-charge terminal form (attached) both accepting and personally guarantying the terms of usage for the terminal.  In no way shape or form was it ever conveyed that the terminal was hers to keep, as evident by Ms. *******s request to “just keep the terminal” in her BBB desired settlement.  The warranty fee that Ms. ******* pays monthly provides her up to two replacement terminals a year should any issues develop with her terminals.  It is not a rental or purchase agreement.

Ms. ******* further indicates that she pays a five dollar ($5.00) statement fee and twenty (.20%) basis points for charges.  As you will notice from her original application, Ms. ******* initially entered her agreement at forty (.40%) basis points and seven-fifty ($7.50) statement fee.

It is with sincere hopes that the BBB recognizes that as of today and while ****** continues to utilize our services that we have heard of no such issues with regards to any of the referenced concerns and will continue to service their processing needs.

Should you have any additional questions or concern I can be reached directly at 317-813-1611 or ********

We are with great appreciation that you have allowed us this opportunity to clarify the situation.


Thank you again,


***** ******* 


Advocate Merchant Solutions    

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

11/25/2013 Advertising/Sales Issues | Read Complaint Details

Additional Notes

Complaint: Mr. ***** ******** employee of Advocate Merchant Solution/AdvoPay falsely promised that there was no termination fees/ or term contract. But between selling me an older model for the credit card machine and inaccuracy in the statements I decided to switch to a new company & was charged a $750 early cancelation fee. That wasn't what I agree to. They said it is part of their terms & condition. They should put that in black & white in the same paper you sign & not give it you after you cancel them by email. Everything was done electronically & I was not given their term & agreements paper nor have I signed any such documents.

Desired Settlement: I would like a refund to my account. And in the future they shouldn't do this to other people. This practices is unethical and is taking advantage of hard working small businesses.

Business Response:

We are currently working with ******** ******* and Mr.******* to resolve any concerns that he may have.

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

Chief Strategy Officer


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

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

Additional Notes

Complaint: Misleading business practices. Was never told that I was entering into a 5 year contact with an early termination fee. Was never giving full contract with all the details just took salesperson word that it was a month to month service.

Desired Settlement: I would have never sign up for this service if the salesperson told me that their was a five year contract with a $750 termination fee of $750. I am canceling my service and now I am told about a 5 yr contract which I knew nothing about and being charged $750. I would like this company to be more upfront to all of its customer with 5 year contract and early termination fee but they can run their business however they want but customers wouldnlike to know that. I want my bill adjusted so I am not charged $750.

Business Response:

Thank you for your assistance in resolving this matter. We hope to fully address the complaint of this customer with our response today.

On July 10, 2013, Mr. ******* of L&B Enterprise LLC, DBA ******** **** ********* entered into a sixty (60) month merchant processing agreement through Advocate Merchant Solutions, Inc.  As a company policy and out of good faith to our new customers, we provide all new merchants an opportunity to use our services for sixty (60) days prior to committing to the full contract.  This policy is known as our sixty day, no mistakes no regrets (attached).  During this trial period new customers have an opportunity to utilize all of our services as well as experience our billing, customer service and next day gross funding for their accounts prior to committing to the complete sixty (60) month term.  During the first sixty days on a couple occasions customer service did assist Mr. ******* with some questions about both his account and terminal.

On the date of signing application and after receiving documentation of term and conditions **** ******* was also provided a terminal for usage during his contractual term with us.  Additionaly, this separate processing terminal document was signed and accepted by him on July 10, 2013 (attached). 

Over the next couple of months it was communicated by Mr. ******* that he was transferring rights of the company to his sister Andrea.  During this conversation it was communicated to AdvoPay that she needed to be the new signer for she was now the owner.  At this time the agent again went to the location and had Andrea sign a new application and contractual agreement (attached) with AdvoPay. 

On November 5, 2013 we received a fax (attached) from the company indicating that ******* said new company was no longer in business and needed to be transferred back to*** ***********, Mr. *******s first company that signed application with us.

At this point we moved the account back to the original agreement as requested in this letter.  On November 13, 2013, eight days later we received verbal notice from Mr. ******* that he wanted to close the account and was going to another processor that was offering him a flat processing rate of 1%.  It was communicated to him at this time that as part of our merchant assurance policy (attached) we would be willing to meet or beat any published rate offered to our merchants.  Mr. *******s entire demeanor changed and indicated that he was switching and just wanted to close the account.

It was communicated that he received a terminal and signed an agreement to return the equipment at contract end or termination but has made no indication of agreeing to return our equipment.  His claim that he was never told about a term or early termination fee is a complete fabrication of the truth.  He not only was verbally communicated of the terms and conditions, he also signed confirmation and acceptance of all terms and conditions (confirmation page of the Merchant Processing Agreement attached) and signed personally.

On November 13, 2013 Mr. ******* communicated with the office that he was going to file a complaint with the BBB, Yelp and Ripoff Report.  In two these additional reports beyond the contractual agreement and early termination fee Mr. ******* indicated information regarding our customer service department and his issues with batching his terminal.  To provide better clarification we are a Fishers Indiana based company and do not outsource our services.  Our customer service department is locally placed within our corporate office and outsources no third parties.  His auto batch feature was set at his request and was later changed at his request, again, at no such time was this ever communicated as an issue.

I am providing with this response supportive documentation that will clearly demonstrate that AdvoPay has operated in a very transparent manner throughout the time Mr. ******* has been a customer.  His knowledge and understanding of all contractual agreements are clearly evident by way of both signature and usage of our service.   

It is with sincere hopes that the BBB recognizes that while we have tried to facilitate his needs coupled with his failure to comply within the terms of the contractual agreement is not at fault or in any way deceptive of Advocate Merchant Solutions.

Should you have any additional questions or concern I can be reached directly at 317-813-**** or************************.

We are with great appreciation that you have allowed us this opportunity to clarify the situation.


Thank you again,


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


Advocate Merchant Solutions    

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

10/1/2013 Billing/Collection Issues | Read Complaint Details

Additional Notes

Complaint: I began a contract with Advopay and was charge for time that I was not even able to fully use our machine due to Advopay's software issues. I only used the machine a short time with a grand total of charges being roughly $1,100.00. By the end of the statement time I was charge $186.00 and some odd cents. $99 of this being a PCI compliance fee that we were never informed about. I was also charge an additional ~$20 for a monthly PCI non compliance fee for "not taking a simple survey". I had tried many times to call in to deal with this, but never got a response. How is one to complete anything when noone can be contacted? I was also charge several other random fees. If you do the math (even excluding the $99 fee) I was charge over 7.9% interest. This is much more than any other company is offering. I understand that there are some cards that charge higher fees, but most of these were regular check cards from a bank. I was also charged $5.39 on 9/3 for a charge in August in the amount of $21. That is over 25% interest. I find this to be unreal and unfair. I had terminated my contract and tried several times to contact the Customer Service Director, **** *****, and left 4 voicemails for him. When he finally called me after weeks of trying to get ahold of him he told me "I have been busy with current clients and didn't have time to deal with clients that were no longer our customers". Myself and another coworker have tried contacting Advopay about them contacting the company that owns the terminal so that they can be removed from the terminal. An Advopay representative told us that they had already been removed. While trying to get the terminal programed for another company, they said they couldn't due to Advopay still being on the terminal. I called today to explain yet again and was told that they would put the info thru and get back to me shortly today. I have now been waiting for several hours with no response. I believe that your company has poor ethics and is willing to scam everyone to make an extra dollar. I have been hung up on by your employees several times when they didn't know and answer to my questions. I would never reccomend anyone do business with you.

Desired Settlement: I never got full use of the terminal in my time of service. I was told that the rates would not change and they did within one month of being signed to a contract. Customer service was horrible. I never got a copy of my contract. To top it off **** *****, The "Supposed" Customer Service Director, doesn't care at all about his clients or customer service. I would like a refund of all terminal related fees since the service was most often unusable. The whole first two months it was taken out of our Salon for day/weeks around 7 times. I would also like my PCI compliance fee of $99 back since I was never told that there would be a charge for it. I would also like the monthly PCI non compliance fee returned since I was unable to contact anyone to become compliant. I would also like to only be charged the 1-1.7% that I was initially told that it would be on all of my charges.

Business Response:

Thank you for your assistance in resolving this matter. We hope to fully address the complaint of this former customer with our response today.

On June 6th 2013, ****** ***** entered into a 60 month merchant agreement with Advocate Merchant Solutions. As required by Visa/MC regulations, it is our responsibility to ensure that every client is made aware and conforms to the requirements of PCI DSS (Payment Card Industry Data Security Standard) compliance.  If you reference the requirements are not optional, but a requirement of all companies that process, store or transmit credit card data.

Upon activation of the account ****** began to use the service with Advopay on July 7th, 2013, our merchant engagement coordinator immediately attempted to contact her regarding the completion of this mandatory process. There were numerous messages left for her directly as well as with other stylists at the salon to assist them with the required PCI compliance Self-Assessment Questionnaire. This process is completed with every one of our accounts and is disclosed at the time of sale as well as at installation.  Again, this PCI DSS requirement must be done by the merchant regardless of what processor they are with.  Due in nature to the legality and security of this requirement we cannot complete the compliance on behalf of our clients.  Furthermore, in our welcome packets that we send to every new merchant is a brochure that explains the immediate compliance requirements, the importance of PCI compliance as well as instructions on how to complete it (see attached).  With no such communication or response to numerous attempts, the compliance was never completed.  The fee of $19.95 for non-compliance was disclosed by the agent, on her initial application (attached) as well as accepted by both signature and initial by ****** *****.  This fee is a result of not becoming PCI compliant and would not have been charged had she followed our instruction.

In regards to their terminal programming issues, our records indicate that yes, there were some issues with the programming of this terminal.  This was not our terminal and unfortunately due to the system being out dated we needed additional programming.   The terminal was indeed working and all of the stylists did process, furthermore, ****** ran one final transaction on August 2nd totaling $21.00.  Her signed application (attached) clearly indicates that there is a monthly minimum fee of $25.00 as well as several others, completely standard and required of all merchant accounts.

With continual negative communication received from the accounts within the salon and despite our continued efforts to resolve, each of the Stylists, including ******, requested to terminate this agreement on August 12, 2013. We honored this request for them and closed all of the accounts without any standard termination fees.   As per our contract, there is a standard early termination fee of $750 applied to each account that cancels outside of the first 60 days. However, out of good faith, AdvoPay agreed to waive all fees associated with cancelling the service as an attempt to once again satisfy their requests.

After the accounts had been cancelled with us, we began receiving phone calls from multiple stylists at this salon requesting refunds for the July fees. It was explained to each of them on multiple occasions that they were all open and processing throughout the month and that they are responsible for the fees incurred for that month.  We continually attempted to accommodate and satisfy their needs and even offered to look at some adjustments if they wanted to continue service with us. Unfortunately, ******, along with the other stylists, had declined any offer to continue service and continued to call about receiving a refund on processing fees for July even after they all processed during that time.  **** ***** reiterated to ****** that the fees for July would not be refunded and that she is responsible for the payment of those charges since her account was not only open but processing throughout the month.  At no such point was she or any of our customers every told we don’t have time to talk to them.  As a service based company we recognize the importance of each and every one of our clients no matter the size or volume; they are the livelihood of our business!  Unfortunately, with this specific account there was just nothing we could do to make them happy since day one.

As far as the $5.39 charge that ****** received on September 3rd, 2013, this was for a sale she had run on August 2nd, 2013 (before services were cancelled). All of our billing is done monthly. Whatever is processed throughout any given month is deposited to the merchant 100%. At the beginning of the following month, the fees for the previous month’s processing are then charged. I have attached the August statement which shows a complete listing of what the charges were for. The majority of these fees are actual interchange (V/MC pass-thru fees) charges, not from AdvoPay. When ****** contacted our office about this on September 4th, 2013, it was clearly explained to her by ******** *******, a customer service representative and that this charge is non-refundable as it is a charge associated with her processing from August.

It is always unfortunate when a customer is unhappy with our service and requests to cancel their account. We strive for 100% customer satisfaction but also understand that is not always possible. With the initial programming issues on their own terminal, we completely understood her frustration, along with the other stylists there and took every measure to ensure their complete satisfaction.  This is why we closed down all of the accounts with absolutely no termination fees.  Everything she was charged is listed in her merchant agreement with us and again was signed and agreed upon on June 6th, 2013 (attached).  If we had mistakenly charged a fee in error we would have corrected the situation, however, that was not the case with this account and all accounts associated with this salon. If ****** would like to re-open the account we would be more than happy to work with her and make some adjustments on the pricing since she has made it apparent she was not happy with them. However, if she wishes to keep her account closed, there is nothing further Advopay can do.

Again, we thank you for the opportunity in resolving this customer’s concern. It is our sincere hopes that ****** acknowledges our continued attempts to satisfy her needs as well as her responsibility to fulfill the final obligation resulting from her processing in August.  We would be more than happy to work with her as well as the other members of the salon if they contact us to re-open the account.

Thank you,

Merchant Support Team    


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

9/11/2013 Billing/Collection Issues | Read Complaint Details

Additional Notes

Complaint: I was approached by a local man, **** **********, about switching my credit card processing to his company, Advocate Merchant Solutions, Inc. I was assured that his company could save me money over my current processor which is a local bank. i told him that if his fees were in total less than 2.75% i would go with him. I was assured that they would be.When the first statement came in it was 3.521%.I immediately called & complained.I was told that I hadn't spent enough money and that it would get cheaper.There were a few minor charges on the bill that were removed.The 2nd statement came in and they were still over.Again I was told it would get better.I asked for an extension of the 30 day free trial.when they refused I told them to cancel me I was returning to my old processing company.(I have e-mails to back this up and would gladly provide hard copy).They did not cancel me and charged me a monthly maintenance fee through my bank account even though there were no charges.I called on this and was told that I had broken the contract and they would be charging me $750.I put a stop payment on my account for them and the charge was blocked when they attempted collection.They have now turned me in to a collection company, ******* ***** *** **********.I have attempted contact several times and they never called me back.I did phone, email and fax.(Again, I have copies)They are now threatening to take me to small claims court.Please help!Tell me where I need to send copies and they will be forthcoming immediately.

Desired Settlement: I want them to leave me alone and close my account at no charge. They cost me money, I had to buy a new credit card machine at $180.00 and they charged me additional fees.**** ********** felt so bad about it that he personally refunded some fees. I have not talked badly about them because I believe he is truly a sincere person. We are a small town and I could do him a lot of damage. Come to think of it maybe they should have to issue payment to him. I'm not sure if he still works with thm

Business Response:

Thank you for the opportunity to respond to this complaint. It is our hope that we fully address the issues at hand and our customer will be satisfied with our response.

On December 17th 2012 **** ** ****** entered into a five year agreement with Advocate Merchant Solutions; the 60 day trial period for the service started on that same day. In February 2013 Ms.****** contacted the customer service department at AdvoPay regarding her January statement. She was concerned that the overall effective cost was not under 3% and wanted the rates and fees compared to her previous processor, ******* Bank. 

When comparing the pricing we discovered that her effective rate was over 3 % because of low volume on January’s statement, and not caused by pricing (Effective cost is typically higher on lower volume months because of the set monthly fees making a greater impact on the overall percentage). ******* Bank was charging her .28% over interchange (IC), whereas Advopay was charging .12% over IC, this is .16% less. In January, ****** ******** processed   around $6,000, this was much lower than a usual month, and Ms. ****** was advised that since the pricing over interchange was lower she would see savings, especially on months she processed more.  In order to further satisfy the customer we waived the $6.95 breach coverage fee, and $0.25 non- pin debit transaction fee. Finally, we extended Ms. ******’s 60 day trial period by 30 days ending on March 18th  so that she could see the changes we made and the true cost of our services. This was provided in writing to her. Her February statement had an effective rate of 2.66%, below the 3 % that was requested.

In March, Advopay was contacted by the customer requesting another extension of her trial period. Since we had already extended this one time, made changes to the account and confirmed her pricing was in fact lower than her previous company, we could not extend the trial period. We then explained that to cancel the account without a fee we would need a written request by Mach 18th 2013 if in fact that is what she wishes to do.

When the customer contacted Advopay at the beginning of May (after March 18th ),requesting to close her account, she was told by ******** ******* that she would be assessed a $750.00 termination fee as she was outside of her 90 day trial period. On May 8th 2013, Ms. ****** faxed in written notification requesting her account be closed. The request was also attached to an email sent us on the same date. That email is included below.

“opened my mail today & advocate is still billing me a monthly fee.  Had quite a discussion with ******* in your office.  She told me that I had failed to send my request in writing & that she would also be hitting me with an early termination fee.  I have called the bank & issued a stop payment on any future charges but it was too late to get the $33.50 back.  I appreciate what you are personally trying to do but trust me I am not a happy camper!  **** ******

*The termination letter is being sent as I type this.  Hope it burns her fingers!”


 That same day we closed the account and charged the $750.00 early termination fee. Since this customer had contacted her bank and put a stop payment on the cancelation fee, she is now in collections for that charge.

If this customer wishes to re-open her account, we will make sure all of her cost needs are met, as well as take the account out of collections for the termination fee. She can contact our office at (888) 570-2386. If she does not wish to do this then unfortunately there is nothing further Advopay can do with her account. This was a legally binding contract she entered into on December 17, 2012. We tried accommodating her in any way we could. Unfortunately, we just didn’t receive the proper notification in the allotted time.

We have attached a copy of the 60 day policy that is posted in our brochure so that you can see exactly what this states. We also included a copy of the written notification given to Ms. ****** that states when her trial period was over, as well as her close letter that was faxed May 8th 2013.

Thank you again for allowing the opportunity to address these concerns. We hope that we can continue our relationship with this customer. Or in the least, that she understands our stance on the situation.  

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.

9/10/2013 Problems with Product/Service | Read Complaint Details

Additional Notes

Complaint: My business (a 3 chair hair salon) was approached in February, 2013 about using their merchant services to accept credit cards. The man that I spoke with looked at the fees that I was paying with the company that I was currently using and he assured me that his company (Advocate Merchant Solutions) could save me a significate amount of money. I was also told that under no circumstance would I be held responsible should I choose not to continue service with this company. After receiving more details, I decided to switch to Advocate Merchant Solutions. I already owned my equipment, so this service with my machine was going to cost me $22.00 per month. The man also assured me that it would have no problem connecting to my phone line. It failed to work so he told me that I could get a machine for approximately $28.00 per month. It took at least three to four weeks to receive the machine. It was the end of April, 2013 before I could accept payments onto this machine. After it was installed and working, I got my first monthly statement and I had been charged fees for the time that I wasn't able to use these services. The customer service represenatives continued to make excuses as to why I never got the money back. I put a stop payment on my business bank account which prevented any more fees from coming out but also prevented my daily deposits from going into my account. I decided to discontinue service with Advocate Merchant Solutions at the end of June, 2013. I spoke with a man on several occasions and he told me that all that they needed was a letter telling them that I wanted to discontinue services. Never once did he say anything about a contract or a penalty for ending service. He gave me his e-mail address and the letter was sent back to me three different times. I tried sending the same letter through the Postal Service and it also was sent back to me. On July 31, 2013, I received a phone call from another representative of this company and she asked me for updated banking information. I told her no and explained that I did not want to do business with them any longer and that the letters had all been sent back. She e-mailed me her e-mail address and also told me that I would need to send them a payment of $750.00 for early termination because I was under a five year contract. I looked over the paperwork that I was given and discovered that the only contract that I received was for the equipment, which I am still paying for under contract with no complaint. I was not given the paperwork from the actual merchant. I called her and explained the previous conversations with the other representatives, including the initial conversation with the man that I met with. We e-mailed back and forth several times and got nothing resolved. I also was told that the man that I had origianlly met with no longer works for the company (I did try to contact him and got no reponse). I was told that the alleged contract had a 60 day trial period that I could have ended the service with no penalty. The letters that I attempted to send were within this period but were conveniently sent back.

Desired Settlement: Among an apology, I want to not be held responsible for this $750.00 This company has already taken more monthly fees than promised as well as unneeded stress. I am not asking for any kind of refund. They need to make sure that ALL of their employees are trained to expalin every detail of services with this company. My company gives this company a definite F

Business Response:

Thank you for the opportunity to address this former customer’s complaint. We hope that this matter can be resolved amicably.

We received a merchant processing application for this customer’s business, ***** ******, in February 2013. The equipment was initially going to be a stand-alone terminal connected to a phone line. That is what was listed originally on the application. However, when the terminal would not successfully work on the merchant’s phone line, the representative decided to place a wireless terminal instead, avoiding the phone lines altogether. The lease agreement for this equipment was signed and sent into AdvoPay in March 2013. Once the equipment was shipped and delivered, this customer began running transactions.

In June of 2013, ****** contacted Advopay informing  us of her intention to close the account. She did not want us to make adjustments or any rate changes. She just wanted the account closed because she had already switched companies.  When we tried calling back to give her all of the closing instructions, we received a voicemail box. A message was left explaining we needed a close letter containing ********s signature to be either  faxed, emailed or mailed to us. Upon receiving this we could begin the cancellation process. Numerous times she had called back long after business hours stating that she can’t get anything to go through. Each time a follow up call was made to her during regular business hours and a VM box was reached each time. We would again provide an email address she can send it to, our fax number to fax it to and our address where she could mail it to. Nothing was ever received.

In the meantime, this customer had put a stop payment on her monthly fees which caused an ACH reject for two months in a row (June and July). When this occurs, the merchant account is shut down and any fees owed are turned over to collections. In this case, there was a reject fee owed from during the month of June, the June EOM fees and the termination fee were all sent over to collections. The reason why the $750 early termination fee had been applied was because the 60 trial period we allow had expired. This trial begins from the day the merchant application is signed and sent into Advopay and ends 60 days thereafter. Considering that her merchant application was signed on February 12th, 2013, the expiration of the trial period was on April 13th, 2013.

The day this account was closed due to ACH rejects was July 31st, 2013, approximately two and a half months after the trial period ended. As a courtesy to this merchant, we considered starting the trial period the day she signed the lease agreement for the wireless terminal, March 14th 2013. Even when using this as a starting point the 60 day period had elapsed. This is why the decision to assess the termination fee was made.  Furthermore, had we received the letter that this customer was attempting to send to us without any difficulties, the 60 day period had expired before any contact was even made to our office about cancelling. Thus, this would not have made a difference in this regard.

We have not had any problems receiving faxes, emails or mail by anyone else. We’re unclear on what her problem s were exactly, but if there is a confirmation she has showing where Advopay did receive a written notice to cancel services (that contains *******’s signature), we will certainly honor that. Also, if she would like us to look into what some of the problems were, address those concerns and make the appropriate adjustments we would be happy to oblige. If she then decides to re-open her account and continue services, a full refund for the $750.00 would be issued to her.  Unfortunately, if she would like to keep the account closed then there is nothing more Advopay can do. We value each and every customer very much and would like to rectify this by earning her back as a customer. However, we cannot remove the $750.00 from the money owed if she decides to keep the account closed. We have a trial period that lasts for 60 days and when the account was closed, it was well outside of that timeframe.

We have attached the merchant application and lease agreement to this response for your review. It is our hope that this customer decides to allow us the opportunity to earn her business back.  If that does not happen, in the very least we hope she understands that we are simply upholding the agreement we have and following the procedures we have in place.

Thank you,

Merchant Support Team

Advocate Merchant Solutions, Inc.



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

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