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AdvoPay

Phone: (888) 570-2386 Fax: (877) 749-7445 9865 E 116th Street, #800, Fishers, IN 46037 http://www.advopayment.com


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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.


Reason for Rating

BBB rating is based on 13 factors. Get the details about the factors considered.

Factors that raised the rating for AdvoPay include:

  • Length of time business has been operating
  • Complaint volume filed with BBB for business of this size
  • Response to 22 complaint(s) filed against business
  • Resolution of complaint(s) filed against business


Customer Complaints Summary Read complaint details

22 complaints closed with BBB in last 3 years | 9 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 2
Billing/Collection Issues 5
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 15
Total Closed Complaints 22

Customer Reviews Summary Read customer reviews

7 Customer Reviews on AdvoPay
Customer Experience Total Customer Reviews
Positive Experience 1
Neutral Experience 0
Negative Experience 6
Total Customer Reviews 7

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

Corporation

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

CREDIT CARD PROCESSING SERVICE

Alternate Business Names
Advocate Merchant Solutions, Inc. CardConnect
Industry Tips
Contracts

Customer Review Rating plus BBB Rating Summary

AdvoPay has received 0 out of 5 stars based on 0 Customer Reviews and a BBB Rating of A+.

BBB Customer Review Rating plus BBB Rating Overview

Additional Locations

  • THIS LOCATION IS NOT BBB ACCREDITED

    9865 E 116th Street, #800

    Fishers, IN 46037 (888) 570-2386

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BBB Customer Review Rating plus BBB Rating Overview


BBB Customer Reviews Rating represents the customers opinions of the business. The Customer Review Rating is based on the number of positive, neutral and negative customer reviews posted that are calculated to produce a score.

Customer Review Experience Value
Positive Review 5 points per review
Neutral Review 3 points per review
Negative Review 1 point per review

BBB letter grades represent the BBB's opinion of the business. The BBB grade is based on BBB file information about the business. In some cases, a business' grade may be lowered if the BBB does not have sufficient information about the business despite BBB requests for that information from the business.
Details

BBB Letter Grade Scale

BBB Rating Value
A+ 5
A 4.66
A- 4.33
B+ 4
B 3.66
B- 3.33
C+ 3
C 2.66
C- 2.33
D+ 2
D 1.66
D- 1.33
F 1
NR -----
Star Rating scale

  Average Score
5 stars 5.00
4.5 stars 4.50-4.99
4 stars 4.00-4.49
3.5 stars 3.50-3.99
3 stars 3.00-3.49
2.5 stars 2.50-2.99
2 stars 2.00-2.49
1.5 stars 1.50-1.99
1 star 0-1.49

BBB Customer Review Rating plus BBB Rating is not a guarantee of a business' reliability or performance, and BBB recommends that consumers consider a business' BBB Rating and Customer Review Rating in addition to all other available information about the business. If the BBB Rating is NR then only Customer Reviews are used for the Star Rating.

Complaint Detail(s)

7/3/2016 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: 5/16/2016 ADVOPAY agent Ms. Kim p****** come to my store. Before contract I request her the total rate must not exceed 3% (I referred to several card processing co., and their rates are about 3% totally) She promised me the rate can be 2.5%-3%, but not exceed 3%, totally. But, they charged me the average rate up to 10.66%. The total processing amount for $39036.34 from May,2014 to March,2016, They charged average 10.66%, the sum of $4161.39. I complained several times, but they ignored my appeal. Further more they tried to collect through *** credit services-a collection agency, ** *** ***** ************ ** **********. I already paid $3666.39 to Advopay, and calculate by 3% the total processing amount 39036.34 is $1171.09 From 3666.39-1171.09=2495.30. So, Advopay owe me $2495.30. I hereby requesting refund for their overcharged $2495.30. Please help me. Thanks

Desired Settlement: YES.

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 May 16, 2014, Mr. ***** *** of ****** **** **** ***** entered into a two-year merchant processing agreement with Advocate Merchant Solutions, Inc. (AdvoPay), by both signature and personal guarantee.  While it is not customary to provide any reduction in term less than five years, out of good faith we made an exception to earn Mr. ***’s business and shortened his contractual term by three years.  Additionally, on May 16, 2014, Mr. *** entered into a No-Charge equipment program (attached) that would run concurrently with his processing agreement.

Mr. *** indicated within his letter that he had communication with our agent, Ms. Kimberly P****** in which he requested a total rate not to exceed 3%.  Mr. *** further states that Ms. P****** “promised” a rate between 2.5% - 3% total.  While AdvoPay can control our costs and fees it is not possible to control the rates and fees charged by the card issuing banks (interchange) or (ie. Visa or MasterCard).  We are providing a couple statement messages that appeared on Mr. ***’s monthly bil***gs.  By law, any modifications made by the processor, banks or networks must be documented with notice and provide an acceptance clause as well.

Mr. *** contacted our office on only a few occasions over the past two years and based on his call activity, at no such time were we unwilling to assist.  On August 19, 2014 we were contacted regarding compliance fees that were charged due to not having verification from Mr. *** that he was indeed PCI compliant.  On that date once we received verification an account credit was immediately applied to Mr. ***’s account for two months of non-compliance fees.  On September 8, 2014 Mr. *** contacted our office once again regarding some of his fees (Statement & Data Breach Insurance).  Upon communicating with Ms. A******, one of our customer service managers, his statement fee was reduced to $10.00 and the data breach insurance was removed.  This was the last correspondence we had with Mr. ***.

While Mr. *** indicates that he is requesting a refund, no refund is due.  Any increase in rates or fees was disclosed to Mr. *** over the years that he processed with us (a copy of all statement notices have been provided) of which he never communicated any such additional concerns that were not already addressed.  Furthermore, Mr. *** has indeed been turned in to a collection agency for failure to return the equipment used under our No-Charge program.  We have attempted to reach Mr. *** by way of phone and mail with no return correspondence.  As you will notice within the attached agreement, by way of signature and personal guarantee, Merchant agrees to license the use of the Equipment from ***.  Merchant agrees that Equipment is the property of ***, and must be returned in good and working condition within ten (10) days of the termination or expiration of the Merchant Account with ***.  If the Equipment is not timely returned, Merchant agrees to pay to *** the replacement value of the Equipment of $495 for the Verifone Vx510 terminal.  If Mr. *** would like to be removed from collections he will need to pay the replacement cost of $495 for the equipment as he did not return it in the allotted and agreed upon time. 

In closing, Mr. *** has rejected several fees for his final processing services in March 2016.  While his contractual agreement wasn’t up until May and based on his silence, we have closed his account without the early termination fee of $750.

Should you have any additional questions or concern I can be reached directly at 317-813-1611 or js******@advopayment.com.

It is with sincere appreciation that you have allowed us this opportunity to clarify the situation that is again a clear and definite result of a contractual obligation violated.

 

Thank you again,

 

Jason S******

CSO

AdvoPay    

6/7/2016 Problems with Product/Service
12/1/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We were contacted by a merchant service sales advocate from Advopay. We were told Advopay could save us a couple hundred dollars a month if we signed on with them for our credit card processing. The second statement we received from them was a full month's statement, the prior one was for only several days of the previous month so I did not realize how much they were actually charging us. On the second statement I could see that our fees had almost doubled from our previous processor. We contacted Advopay, after many phone calls they agreed to refund some monies and lowered our fees. The problem is they are not beating the previous processor so we will get hit with a termination fee of $1,080.00 from the old processor. Advopay is going to charge us $750.00 to terminate with them in spite of the fact that they have never come through with their initial promises, we have had to fight with them to get where we are, I do not understand why we should have to pay the termination fee to them when their customer service has never been satisfactory and we have used their processing for less than 5 months and most of this time we have been disputing problems we have been having. I have tried to reason with them but they keep insisting they will charge us the $750.00 to terminate. I do not feel we owe them this money.

Desired Settlement: I want to terminate business with Advopay and not be charged the $750.00 termination fee.

12/1/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We were lied to by the representative that came out to sign us on to their p.o.s system, he lied from the minute he walked through our doors. He stated he would save us loads of money, he would do anything to obtain our business, no early termination fee's as we explained to him we were a small non profit that helps the people and barely make any money and might not be able to continue so we did not want to sign a long term contract with anyone. I even asked him if the card readers that they have would take our paper since we had just paid for a 50 roll package of thermal paper, and that stuff is not cheap, he said oh, yeah, we will buy it out (never did), the new machine was a lot smaller, the fees were a LOT higher and he told us he took care of pci compliance and no fees, lied again, they charge about $200 a year, and this year he failed to do my pci compliance online as he stated he does for all his customers, when I called in I could not match his passwords for anything and had to prove who I was by email to trustwave the p.o.s. owners who do your pci compliance, finally I did do this but he was suppose to take care of it... I am fed up with all the lies, high fees, hidden charges and now I find out we are in a 5 yr early termination fee contract, where if we send the machine back the debit $750 instantly from our account... We would have to close down since we could not afford this... I just want them to take the machine back and live up to the promises the rep made, he still states we were not bound by contract, but yet he will not provide proof since he just wants us to cave and send the machine back so we can then get charged $750, these people are rude, liars, and do not care a deal about consumers... I just want my life back, they have threatened to ruin our credit..

Desired Settlement: I want them to take their p.o.s back and send me a waiver stating we are not bound by any early termination fees, the rep says we are not, but they say we are.

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 as many claims that have been
brought to the attention of the BBB are quite inaccurate and untrue.

On July 24,2014 ********* ******, owner of *** ***** ******** *******., entered into a
sixty (60) month merchant processing agreement through Advocate Merchant
Solutions, Inc.  As verified by Ms.
******’s signature on page 33, the Confirmation Page, a complete copy of the Merchant
Processing Agreement was provided and Ms. ****** agreed to all terms and
conditions within the contractual agreement. 
Furthermore, an additional copy of the MPA was FedEx to her location on
August 4, 2014 along with her complete welcome kit, terminal and documentation
with logo stickers.  As part of our standard
quality assurance practice and guarantee we provide every merchant client a
60-days no mistakes, no regrets trial period along with a price assurance
guarantee for the term of the agreement. 
Over the past year since ******* ***** began processing we have accommodated
any concerns that Ms. ****** brought to our attention.  *** ***** continues to utilize our processing
services as of September 11, 2015.

During the time of application Ms. ****** also signed and personally agreed to our
terminal placement program for which he was provided a VX510 terminal for use
during the contractual agreement.  At a
later time based on specific paper requirements of the business it was
determined that a different terminal was needed.  An FD100 terminal, considerably more
expensive than the previous terminal was provided to Ms. ******man for
use.  Typically the FD100 terminal, as
stated on the usage contract carries a $24.95 monthly warranty fee, however, in
good faith and in an effort to accommodate Ms. ******’s needs, Advocate
Merchant Solutions reduced the monthly fee to only $12.95.  

Ms. ****** claims that she was lied to and that the agent did not complete an online compliance service
on her behalf.  Unfortunately as part of
security regulation and compliance, the agent nor company can complete any such
compliances on behalf of our customers any longer.  While we assisted Ms. ****** with her compliance
upon account setup, Advocate Merchant Solutions also instructed all of our
customers numerous times throughout the year of the annual requirements that
would need to be completed.  Advocate
Merchant Solutions does not claim any responsibility to failed actions or
required renewal obligations not completed by its customers.  While we would have been more than happy to
advise her of the steps towards compliance, this is not an issue that she has
ever brought to our attention. 
Furthermore, every customer receives important regulatory and compliance
information on our monthly statements and mailings.  Our compliance section on our website is
designed for ease and simplicity of all of our customers to complete their requirements.  https://pci2.trustwave.com/action.php

At no such time has anyone threatened Ms. ****** or any of her staff regarding "ruining" their credit as she claims in the complaint.  Ms. ****** was told that if she did cancel, the equipment would need to be returned within 10 days of cancellation to avoid collections for replacement costs.  No threat was ever made.

While we have communicated with Ms. ****** a few times over the past year we continue to
accommodate her specific needs.  This report to the BBB has come as a complete surprise as this morning modifications
were made to this account reducing the minimum monthly fees, once again, to accommodate
her claimed financial needs.   It is with hopes that the BBB recognizes the contractual
obligation and invalid claims as documented within this complaint.  AdvoPay has only operated in good faith and
continues to provide a credible service to His Hands.

Should you have any additional questions or concern I can be reached directly at
************ or j*******@advopayment.com.

Thank you again,

 

Jason S******

CSO

Advocate Merchant Solutions    

Consumer Response:

I reviewed what advopay ( new name:: CardConnect, they changed their name to avoid embarrassment from bbb complaints, since we are not the first one's to complain of the same items.  They call me the wrong name, and refer to me (she) as a he, I am a woman, my name is Mrs. ****** not ******man, they had that wrong a couple times in their response.  Also, we never had but one machine, and fd100, they are lying again..  Also, they never emailed us or called us as they said they have.  ever!  We have called and emailed them several times and no one ever responds back to us, ever!  They continue to lie to us, and yes, they did threaten to take $750 from our account when I told them I refused to pay early termination fee, since the rep never told us about any of the above, he also told us we would not have to pay for pci compliance, and the card reader would be exactly like our last one that we had from National Bankcard, not advopay/cardconnect, that took bigger paper.  We have tried to contact them about lower rates and they never tried to work with us, just now because you all sent my complaint they are saying they did reduce all our rates, and we never received any proof of this rate reduction.  I found my paper work (packet) and it clearly was not signed and I can prove it, they said they would send over via email to us all our agreements and have never produced any of this to us, nor rate reductions, we pay $25 a month whether we use it or not, our rates are almost double from what national bankcard charged us, they had no early termination fees, and never lied to us, always answered our ?'s and calls, emailed us or called us back, this company is a farce, and I am sick of their lies.  We have called them several times to rectify this whole matter.  I want to send the p.o.s back and not have to be penalized and be done with this company, that is all!  I can as I stated show you an unsigned back page of the packet, whatever they are saying I signed was not official.  I have had my advisors tell me that everything we would've signed would have to be not just signed but each of the bullet points would have to be initialed and we have a blank packet, and without signatures on my end.  Please look over the other comments made to your bbb by other businesses, this company is horrible.  When I called to tell the person on the phone I just wanted to send it back they told me they would debit our account for $750 automatically, i told them that we could not afford all the charges they have high fees, and never did they try to work with us on lowered rates and I have sent them two other proposals by other companies, and they conveniently did not get those faxes/or emails, we even called them a couple times to work this out, asking for them to lower our fees, they would not even budge.  So once again, they are lying about working with us.  It was not a surprise to them at all since we have told them they need to resolve this matter, yes, I do use the machine since we have to we are still being charged for it and cannot send it back, they did tell us they would ruin our credit if we did not pay in full the $750.  They are just trying to play the nice guy to you to keep their credibility, which is already ruined by the businesses who have complained already, and only a matter of time before they have even more.  I will not accept their lies, they never provided any proof of lowered rates at any time, which shouldve been done officially in writing, signed and dated, they are telling you this to get you to believe in them and get us to back down, I refuse to since we are still stuck with a machine with high rates or if we send it back they will take $750 right from our bank account.


Regards,

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

Business Response:

In response to your letter dated November 5, 2015 and complaint 10808407 i thank you once again for the opportunity to clarify Ms. ******'s complaint.

While we have provided signed supportive documentation by Ms. ****** as it relates to the majority of her complaints I am providing within this envelope a copy of our original response as our stance has not changed based on Ms. ******'s latest correspondence. Ms. ****** did however bring up a couple of new items and we will address them within this letter.

Our name change has nothing to do with the BBB or our existing client base. We have no embarrassment in communicating with our clients and resolving any such concerns that may be brought to our attention. However, when responding to a complaint or concern we ask that our clients are truthful in the capacity that documented verification holds greater weight than an invalid claim.

At no such time did we misrepresent this merchant nor have we made any such threats to ruin her credit. We have worked with Ms. ****** and have told her repeatedly that we have a merchant assurance policy and guarantee the lowest rates against a competitor's valid documented quote. Company standards do not just lower rates based on a customer's demand to pay less. Yes, the rates for the company have gone up and any such change to rates or fees are always disclosed on the statement 30 days prior. Reading monthly billing statements and statement messages would be Ms. ******'s solution as we provide a 30-day notice to agree or disagree with any such changes. Not agreeing with change notifications within the allotted time frame would typically result in being omitted from any such changes.

Clearly on the application agreement from July 24, 2014 there is a monthly minimum fee of $25. This was not an added fee and not a surprise as Ms. ****** presents in her response. While we have offered to work with Ms. ****** based on the content and documented verifications within the previous BBB response and this one, it appears that Ms. ****** will continue to add issues until she has been released from the contractual agreement which we would be more than happy to do upon receiving the terminal and early termination fee of $750.

Thank you,

Jason S******

11/30/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: the sales representative for ADVOPAY who visited our shop absolutely misrepresented the company policies. he vehemently denied any contractual obligations and ensured there would be no fees nor charges incurred if another processor were to be used and service discontinued with his company. he explained his was a month to month service similar to repay with no contract. when we decided to discontinue the service we filed the necessary papers with the processor, at which ***e we were informed of a long term contract which had a $750 fee for discontinuing service. this was never in the agreement which i signed, what i signed was an application for processing there was no contract seen until i asked a lady i finally got in contact with (after several attempts) and she explained "there is a paragraph on page 31 section a.3 and a.4 of the program guide which states the contract terms " there is no mention of any type of contract in any section of the application nor is there any mention of the contract on the cover of their "program guide" our last statement shows a double charge for an adjustment totaling 750+750= 1500.00 with no explanation of the additional charge.

Desired Settlement: since the representative ensured me there would be no contract involved and "his company did not do contracts only operated on a month to month basis" i feel the company should not only refund the amount for the cancellation fee but the full amount of 1,500 and as a consumer based company should be more forthcoming with customers who do not wish to enter into a contract for processing or at least offer options for shorter terms with disclosure up front as to those terms. i also feel the representatives should not be allowed to blatantly lie to customers concerning the terms and conditions of service with this company.

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 July 10, 2013 ******* ****** of *** ****** Alignment Brand Suspension entered into a 5 year processing agreement through Advocate Merchant Solutions, Inc.,(AdvoPay).
On or about August 3, 2015 AdvoPay received a close letter (attached) requesting the immediate closure of the *** ****** account.  Upon several attempts from August 3rd - 6th to reach Mr. ****** through his office manager Melissa, our representative was finally able to communicate with Mr. ****** on the 12th of August.
On August 12, 2015 Mr. ****** communicated with a representative of AdvoPay with regards to his contractual agreement, termination fees and our company Merchant Assurance Guarantee Policy.  Upon completion of this conversation all applications, signature pages and accepted contractual paperwork was sent to Mr. ****** per his request.
On August 17th, five days after Mr. ******’s detailed conversation with our representative and after receiving additional copies of his paperwork, Mr. ****** forwarded a proposal from another company.  In response that proposal and in-line with our Merchant Assurance Policy we provided Mr. ****** a response (attached) on August 17th with a counter proposal offering lower rates and fees than what was offered by the other provider.
Over the next several weeks after the multiple discussions and documented correspondence with Mr. ****** we received a letter (attached) on or about October 23, 2015 whereas Mr. ****** clearly acknowledges previous conversations regarding contract and penalty.  While the contents of this letter had never been brought to our attention before we feel that Mr. ******’s usage for 2+ years,  direct communication over the years coupled with account rate/fee reduction modifications and most recent documented correspondence would indicate that Mr. ****** fully was aware of the contractual agreement he now claims no knowledge of.
When it was determined in a final call on October 23, 2015 with Mr. ****** that he would not continue services the account was closed and the early termination fee of $750 was charged to his account.  It was on November 11, 2015 that it was brought to the attention of AdvoPay that the account was charged in duplicate for the early termination fee.  Immediately upon receiving such notification the request was submitted for an immediate refund of the additional $750 that was charged in error.
While this additional $750 fee was caused by a glitch in the system and corrected immediately upon notification, at no such time did AdvoPay intend to cause intentional issue to Mr. ******.

Clearly based on the documented email communication within the specific timeline coupled with supportive signed documentation shows that under no circumstances was Mr. ****** ever misrepresented as he claims in his complaint.
The refund that Mr. ****** seeks has been provided to the extent of the money that was charged in error. 
Should you have any additional questions or concern I can be reached directly at 317-813-1611 or jspector@advopayment.com.
Thank you again,

Jason S******
CSO

11/30/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: AdvoPay is a very dishonest company. When I was approached at my place of business, the rep, seemed so honest. Reviewed my previous statements from my current processing company. Stated he could give me better rates, no annual fee, and no contract and it would be month to month. Would keep it the same as my current company, except for lower rates. Which I did not have any annual fee or contract with my current processing company. The rep was very aware that I did not want a contract, nor would I sign a contract for any length of time. He told me the service was month-to-month and that I could leave at any time. And guaranteed that I would not be signing any type of contract. I started with Advopay on March 27, 2012. When the rep had me sign a form it was allowing AdvoPay to access my bank to allow them to make the transactions. There were missing pages to the hardcopy of the program guide that was given to me that I never saw. He had copied and pasted my signature to other sections. The only document that I have with my signature (which I didnt sign all the sections cause he copied and pasted my signature) is the Merchant Processing Application. After a few months constant discrepancies of charges I called to say I am no longer going to use AdvoPay as my processor, they stated you have a five year contract. I said to the reps boss, that my signature should be on a piece of paper that states I am signing a 5 year contract. And I have nothing that states that. On the actual Merchant Processing Application all the sections that are applicable are either checked off or have numbers of the actual fees to be charged. The is one section ETF (See Part III, section A.3 of the program guide) $____. There is nothing checked or a dollar amount written. Well to find out this is the section that states if I broke my contract there would be a $750 fee. When they sent me a hardcopy of my paperwork, that page of Part III, section A.3 Page 31 was not included, only up to page 28. SO I do not have any type of document that says I have a five year contract. If I knew I was being lied to about having a five year contract, I would of never signed up with them. Also if I referred AdvoPay to another business I would receive a $150 check. Well I did refer another business, and they signed up with AdvoPay, but I was wondering where my referral check was. Well the rep used his wife/girlfriends name on the Merchant Application Processing form as the referred by person and not me. So she would receive the payment. I did finally receive the check for $150.Then I started getting charges for $19.95 for PCI Compliance Fee contantly. Then finally he contacted me and never set me up to do the PCI Compliance. He said he kept forgetting. But still after I was PCI Complaint, I was still getting this charge. I finally got reimbursed, but had to call on a monthly basis to get reinbursed. I can provide each month that I was charged if need be. Then all little charges started to pop up, like for insurance, data breach. And the kicker is the $99 fee for annual compliance fee. On August 28, 2012 the reps boss told me that there was a law in 2010 that was passed for Visa/Mastercard for compliance. Never informed that I was going to get this fee every year when I joined Advopay. And increased my monthly statement fee from $5.00 to $15.00. You have to review your statement with a fine tooth comb every month for new fees or incorrect fees. In the beginning I would receive my hardcopy statement via mail at least by the 5th of every month. Now I get anywhere from 2-3 weeks after the first of the month. And my fees are taken out immediately on the first of each month like clockwork.I was also told by another employee of AdvoPay on 7/31/14 via a phone conversation that I could file a police report against the AdvoPay rep who signed me up for fraud.Any business owner that approaches me and wants to know who I use a credit card processor, believe meAdvoPay would never be recommended.

Desired Settlement: I would have never signed up for this service with AdvoPay if the rep told me that there was a five year contract with a termination fee of $750. He told me no contract and it was month to month and could leave anytime. This is fraud. He copied and pasted my signature. I am paying more every month than my previous processing company. I am a very small business with no employees. I want out of this 5 year contract and legally documented. Also a copy of this will be sent to the US Senator Richard Blumenthal in CT and US Senator Daniel Coats in Indiana. I also know that AdvoPay had several Class Action Suits against them with 16 business in CT.

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 March 27, 2012, *** ***** of ********* ***** entered into a sixty (60) month merchant processing agreement through Advocate Merchant Solutions, Inc.  Ms. ***** was provided the terms and conditions of entering into the agreement and additionally signed the Merchant Processing Agreement confirmation page that clearly states the provision regarding the early termination page.  As part of our standard quality assurance guarantee we provide every merchant client a 60-days no mistakes, no regrets trial period along with a price assurance guarantee for the term of the agreement.  Over the past two and a half years we have made several price reductions and refunds for ********* ***** as stated within our guarantee policy.

AdvoPay’s processing rates and fees are in addition to interchange (bank issued card rates) pricing and are increased annually based on the card issuing banks rate changes.  Annual fluctuations happen and again, when such changes take place we are more than willing to work with our customers to adjust (reduce) their fees as we have for ********* ***** several times.  Additionally, upon any rate or fee changes every merchant client is provided notification (June statement attached) on their statement 30 days prior to any such changes as well as an opportunity to cancel their services with AdvoPay.  Typically our merchants do not cancel and again, provide a solution to reduce their fees.  Failure to cancel within the allotted time confirms acceptance of the new changes.  As Ms. ***** mentions in her complaint

Ms. ***** additionally stated that she was receiving a monthly fee for non PCI compliance.  While we make every attempt to communicate the importance of becoming PCI compliant we cannot set the compliance up for our merchant customers.  Ms. ***** did finally become compliant and again, in good faith we refunded her the compliance fees.

Furthermore, Ms. ***** indicates that her signature was copied and pasted.  This is inaccurate as she signed via electronic signature on an iPad device.  Ms. ***** has used our service for the past two and a half years and as of 8/20/14 continues to process (activity attached) with us.

While we have communicated with Ms. ***** many time over the years, this report to the BBB came as a complete surprise.  Ms. ***** further indicates a class action law suit which is inaccurate.  AdvoPay has not received any such information and is not involved in any litigation against us.  It is with hopes that the BBB recognizes the contractual obligation, repeated attempts to facilitate Ms. *****s needs and our strict adherence to our rate guarantee policies ensuring the best pricing practices for our clients.

Should you have any additional questions or concern I can be reached directly at 317-813-1611 or js******@advopayment.com.

It is with sincere appreciation that you have allowed us this opportunity to clarify the situation.

Thank you again,

Jason S******

CSO

Advocate Merchant Solutions    

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 10170068, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[Provide details of why you are not satisfied with this resolution.]

Regards,

*** *****

8/28/2014

MY RESPONSE TO THE MESSAGE FROM BUSINESS (ADVOPAY)

 


MESSAGE FROM BUSINESS:


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


On March 27, 2012, *** ***** of ********* ***** entered into a sixty (60) month merchant processing agreement through Advocate Merchant Solutions, Inc.  Ms. ***** was provided the terms and conditions of entering into the agreement and additionally signed the Merchant Processing Agreement confirmation page that clearly states the provision regarding the early termination page.  As part of our standard quality assurance guarantee we provide every merchant client a 60-days no mistakes, no regrets trial period along with a price assurance guarantee for the term of the agreement.  Over the past two and a half years we have made several price reductions and refunds for ********* ***** as stated within our guarantee policy.

1) When I received the hardcopy of the Merchant Processing Agreement, the page that states the early termination policy was not attached.

2) For the 60 day no mistakes, no regrets trial period, was never told this or pointed out where this was stated.

3) AdvoPay states that they have given me price reductions, this didn’t happen. As for refunds, yes I received refunds do to their mistakes and constantly calling them.

4) Most important of all. When I signed up with AdvoPay, I was told by Chris G******* repeatedly that I would not sign any contract for any period of time. And he stated, it would be the same as my previous processor, NO CONTRACT.


AdvoPay’s processing rates and fees are in addition to interchange (bank issued card rates) pricing and are increased annually based on the card issuing banks rate changes.  Annual fluctuations happen and again, when such changes take place we are more than willing to work with our customers to adjust (reduce) their fees as we have for ********* ***** several times.  Additionally, upon any rate or fee changes every merchant client is provided notification (June statement attached) on their statement 30 days prior to any such changes as well as an opportunity to cancel their services with AdvoPay.  Typically our merchants do not cancel and again, provide a solution to reduce their fees.  Failure to cancel within the allotted time confirms acceptance of the new changes.  As Ms. ***** mentions in her complaint

1) Additionally, upon any rate or fee changes every merchant client is provided notification (June statement attached) on their statement 30 days prior to any such changes as well as an opportunity to cancel their services with AdvoPay. Cancel my service 30 days prior to any chages, it does not say that on the June statement. It states “Continuing your merchant account with us or use of your merchant account after the effective date will constitute your acceptance to these terms.” These terms on the June statement is just more fees. Does not state you cancel your service. Which I would have done!

Ms. ***** additionally stated that she was receiving a monthly fee for non PCI compliance.  While we make every attempt to communicate the importance of becoming PCI compliant we cannot set the compliance up for our merchant customers.  Ms. ***** did finally become compliant and again, in good faith we refunded her the compliance fees.

1) This is correct, but had to contantly call every month even after I was in PCI compliance, because I was still getting charged the fee.


Furthermore, Ms. ***** indicates that her signature was copied and pasted.  This is inaccurate as she signed via electronic signature on an iPad device.  Ms. ***** has used our service for the past two and a half years and as of 8/20/14 continues to process (activity attached) with us.

1) Yes my signature was copied and pasted. I signed on one spot on the application and Chris G******* copied and pasted my signature on all other areas. You can see how my signature is exactly the same, as I mean copied and pasted. Everyone signs their signature the same, but if you sign something more than once, there is a variance I your signature.


While we have communicated with Ms. ***** many time over the years, this report to the BBB came as a complete surprise.   Ms. ***** further indicates a class action law suit which is inaccurate.  AdvoPay has not received any such information and is not involved in any litigation against us.  It is with hopes that the BBB recognizes the contractual obligation, repeated attempts to facilitate Ms. *****s needs and our strict adherence to our rate guarantee policies ensuring the best pricing practices for our clients.

1) I know for a fact, that there were 12 other business that had the same issues as I did that Chris G******* convinced them to change over to AdvoPay. They filed a class action law suit.

Should you have any additional questions or concern I can be reached directly at 317-813-1611 or js******@advopayment.com.


It is with sincere appreciation that you have allowed us this opportunity to clarify the situation.

Thank you again,

Jason S******

CSO

Advocate Merchant Solutions   


 

 

 

Business Response:

Once again, we would like to thank you for the opportunity to respond to this complaint and again, it is with hopes that we can address Ms. *****’s concerns and resolve this matter amicably.

To keep to the point I will address Ms. *****’s response based on the numbers she provided in her most recent correspondence.

  1. At no such time was Ms. ***** misinformed about our early termination fee nor was Ms. ***** ever provided an agreement that was missing pages.  As a reminder, Ms. ***** did sign the Confirmation Page of the Merchant Processing Agreement (MPA) that again, clearly documents the provision regarding the early termination fee.  Additionally, whether by ink or electronic signature, Ms. ***** signed the agreement clearly indicating, By its signature below, Client acknowledges that it received (either in person, by facsimile, or by electronic transmission) the complete Program Guide [version FTS 1408(ia)] consisting of 33 pages (including confirmation.  Client further acknowledges reading and agreeing to all terms in the Program Guide, which shall be incorporated into Client’s Agreement.  Upon receipt of a signed facsimile or original of this Confirmation Page by us, Client’s Application will be processed. 

  1. Our 60 day no mistakes no regrets policy is communicated and provided within our welcome kit upon initial account setup.  Additionally, Ms. ***** received a certificate of our Merchant Assurance policy which is our rate match guarantee for the life of the time with our company.  Clearly overlooked with this complaint.   

  2. Ms. ***** has communicated with our customer service department several times over the past two and a half years as a customer.  During these conversations Ms. ***** continually referenced the small size of her business and the expenses that come with credit card processing.  As Ms. ***** references in #3, “AdvoPay has made refunds”, however, the refunds we offered were not a result of any error on our behalf, but rather AdvoPay’s good faith policy to ensure the continual satisfaction of our clients.  While Ms. ***** indicates that we have not made any reductions, this is just not true.  Periodically (twice a year) interchange (issuing bank card rates) change.  As these changes take place by the issuing banks, us, along with ever other credit card processing company in the nation, adjust fees accordingly.  When these changes do take place we provide ample notice to our clients with regards to these changes.  In Ms. *****’s case, when these changes were made and Ms. ***** communicated with AdvoPay, we made adjustments to accommodate her needs.

  3. In this section Ms. ***** claims that she was told there was no contract, however, was provided the MPA and signed the Confirmation Page in which a five year contract is referenced several times.  At no time have we been provided any supportive documentation that any contract was waived.

  4. Clearly Ms. ***** is confusing the disclosure within our monthly statements.  The statement message does say “continuing your merchant account with us or use of your merchant account after the effective date will constitute your acceptance to these terms”.  While we cannot physically call every merchant nationwide we are a full disclosure company.  The message that we place on the statement is in good faith for our customers and an invitation to contact us to discuss any stated changes to rates and or fees.  As in Ms. *****’s case, we communicated with her multiple times and made adjustments accordingly.

  5. This section is labeled 1) and as indicated the PCI fee was removed once proper documentation was provided to AdvoPay.  Again, this certification is the responsibility of each and every merchant.  We communicate with our merchants regularly to complete the certification.  We must physically receive the compliance documentation proving the compliance certification has been met.  This process is nationally regulated and not optional by credit card regulators.  The non-compliance fee was removed immediately upon receiving confirmation that the compliance was completed.

  6. This section is labeled 2).  This is an electronic signature.  We utilize a system called DocuSign and while only one signature is established all sections of the application must be acknowledged at the time of signature.  The signature was not copied!  Again, if there was an invalid signature or a concern we would presume that continual usage of the account for two and one half years from March 27th, 2012 through today, September 17th, 2014 would have ceased a long time ago and any of the issues or concerns presented to the BBB would have again, been brought to our attention prior to this complaint.  The DocuSign system is a secure system and the electronic signature is valid.  This should not be considered in this claim.

  7. While Ms. ***** brought up a class action suit prior, AdvoPay has received no such information and is not involved in any such litigation.

It is in our greatest efforts to satisfy the needs of Ms. ***** and her business, however, the complaint provided and the issues indicated would appear as an attempt to cancel an agreed contract of which has been in place for two and one half years.  We would like to continue our processing relationship with Ms. ***** and will continue to service her account as contractually agreed.  If Ms. ***** would like to cancel her term she may do so by providing a documented close letter to our office.  Upon receiving the close letter Ms. ***** would be responsible for the early termination fee of $750 along with any outstanding processing fees that incur through her billing cycle.

I thank you again for the opportunity to respond to this complaint and it is with sincere hope that we can continue to facilitate Ms. *****’s processing needs as we have for the past two and a half years.


Jason S******

CSO

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 10170068, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

 


  1. At no such time was Ms. ***** misinformed about our early termination fee nor was Ms. ***** ever provided an agreement that was missing pages.  As a reminder, Ms. ***** did sign the Confirmation Page of the Merchant Processing Agreement (MPA) that again, clearly documents the provision regarding the early termination fee.  Additionally, whether by ink or electronic signature, Ms. ***** signed the agreement clearly indicating, By its signature below, Client acknowledges that it received (either in person, by facsimile, or by electronic transmission) the complete Program Guide [version FTS 1408(ia)] consisting of 33 pages (including confirmation.  Client further acknowledges reading and agreeing to all terms in the Program Guide, which shall be incorporated into Client’s Agreement.  Upon receipt of a signed facsimile or original of this Confirmation Page by us, Client’s Application will be processed.


  • Yes I was misinformed. Chris G******* repeatedly told me there was no contract. I asked clearly asked him No Contract and he said I guarantee no contract. I had no contract with my previous processing company. He down out lied, as he did with 13 other business in my area. I signed one spot and then my signature was all over the place.

  • When I was mailed the documents, I did not receive all 33 pages when they gave me the hardcopy.


  1. Our 60 day no mistakes no regrets policy is communicated and provided within our welcome kit upon initial account setup.  Additionally, Ms. ***** received a certificate of our Merchant Assurance policy which is our rate match guarantee for the life of the time with our company.  Clearly overlooked with this complaint. 


  • The 60 day no regrets policy was not communicated to me in any way. Otherwise I would of cancelled as soon as I found out I was stuck in a 5 year contract.


  1. Ms. ***** has communicated with our customer service department several times over the past two and a half years as a customer.  During these conversations Ms. ***** continually referenced the small size of her business and the expenses that come with credit card processing.  As Ms. ***** references in #3, “AdvoPay has made refunds”, however, the refunds we offered were not a result of any error on our behalf, but rather AdvoPay’s good faith policy to ensure the continual satisfaction of our clients.  While Ms. ***** indicates that we have not made any reductions, this is just not true.  Periodically (twice a year) interchange (issuing bank card rates) change.  As these changes take place by the issuing banks, us, along with ever other credit card processing company in the nation, adjust fees accordingly.  When these changes do take place we provide ample notice to our clients with regards to these changes.  In Ms. *****’s case, when these changes were made and Ms. ***** communicated with AdvoPay, we made adjustments to accommodate her needs.


  • Yes the refunds were made for the PCI compliance, but had to call numerous times to have them removed.


  1. In this section Ms. ***** claims that she was told there was no contract, however, was provided the MPA and signed the Confirmation Page in which a five year contract is referenced several times.  At no time have we been provided any supportive documentation that any contract was waived.


  • Going to state again…I did not sign any page that stated I committed to a 5 year contract!


  1. Clearly Ms. ***** is confusing the disclosure within our monthly statements.  The statement message does say “continuing your merchant account with us or use of your merchant account after the effective date will constitute your acceptance to these terms”.  While we cannot physically call every merchant nationwide we are a full disclosure company.  The message that we place on the statement is in good faith for our customers and an invitation to contact us to discuss any stated changes to rates and or fees.  As in Ms. *****’s case, we communicated with her multiple times and made adjustments accordingly.

  2. This section is labeled 1) and as indicated the PCI fee was removed once proper documentation was provided to AdvoPay.  Again, this certification is the responsibility of each and every merchant.  We communicate with our merchants regularly to complete the certification.  We must physically receive the compliance documentation proving the compliance certification has been met.  This process is nationally regulated and not optional by credit card regulators.  The non-compliance fee was removed immediately upon receiving confirmation that the compliance was completed.


  • Yes the non-compliance fee was removed after several calls.


  1. This section is labeled 2).  This is an electronic signature.  We utilize a system called DocuSign and while only one signature is established all sections of the application must be acknowledged at the time of signature.  The signature was not copied!  Again, if there was an invalid signature or a concern we would presume that continual usage of the account for two and one half years from March 27th, 2012 through today, September 17th, 2014 would have ceased a long time ago and any of the issues or concerns presented to the BBB would have again, been brought to our attention prior to this complaint.  The DocuSign system is a secure system and the electronic signature is valid.  This should not be considered in this claim.


  • This is bull…must be acknowledged at the time of signature…like I said before, I would have not signed or acknowledged or agreed to a 5 year contract!


  1. While Ms. ***** brought up a class action suit prior, AdvoPay has received no such information and is not involved in any such litigation.


  • I can prove this with documentation and a recorded conversation with another business in my area that were also scammed by Chris G*******.



Regards,

*** *****

 

 

Business Response:

Thank you once again for allowing us the opportunity to resolve this matter.  As our previous responses and supportive documentation should have clearly answered Ms. *****'s concerns, I will once again respond to the most recent objections as stated in her response.

1.  Ms. ***** signed via electronic signature (DocuSign) and utilized the services of AdvoPay for greater than two and one half years.  At no such time was Ms. ***** miscommunicated or misinformed as evidenced by her electronic signature and continual usage of our services. 

2.  On no such documentation that Ms. ***** has presented does it reflect "no contract".  However, as stated on the confirmation paged signed by Ms. ***** is clearly reflects the provision regarding the early termination.

3.  All documentation that was provided to Ms. ***** was provided in complete form as our program guide is sent in booklet format.  Again to reiterate, if Ms. ***** indeed was missing information why are we just now being notified in a BBB complaint 2+ years later and why was this not communicated with our company until this point?

4)  The 60 days no regrets policy is presented by every agent and again included within the welcome kit.  My initial assumption is that while Ms. ***** knows about our "Merchant Assurance Price Policy" Ms. ***** also knew quite well of our 60 day policy.

5)  Full Refunds were made for the PCI. 

6) Ms. ***** "DID" sign a 5 year contract and her signature and usage clearly indicate her acceptance of our usage terms.

7)  Full Refunds were made for the non-compliance once Ms. ***** finally became compliant as instructed multipl times by our customer service department.   

8)  This is not as Ms. ***** stated, "Bull".  What this is, is clearly Ms. *****'s attempt to be released from a contractual obligation.  Irrelevant to communication with another business owner Ms. ***** has a contractual obligation.  As stated before, we are more than willing to release her from the contract by forwarding a close letter to our office.  Upon receiving the letter we will collect the early termination fee of $750 as well as any outstanding fees for service usage through the time of closure.

I thank you for this opportunity to respond and it is with sincere hopes that this issue is at an end.

 

Jason S******

CSO   

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 10170068, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[Provide details of why you are not satisfied with this resolution.]

Regards,

*** *****

 


Thank you once again for allowing us the opportunity to resolve this matter.  As our previous responses and supportive documentation should have clearly answered Ms. *****'s concerns, I will once again respond to the most recent objections as stated in her response.


And I, *** ***** will once again respond.


1.  Ms. ***** signed via electronic signature (DocuSign) and utilized the services of AdvoPay for greater than two and one half years.  At no such time was Ms. ***** miscommunicated or misinformed as evidenced by her electronic signature and continual usage of our services.  I will say again, I only signed the front page and my signature was copied and pasted elsewhere. I would not have signed up with AdvoPay if I knew there was a five year contract! I will say it again, Chris G******* lied. He guaranteed there was no contract just like I had with my previous company.


2.  On no such documentation that Ms. ***** has presented does it reflect "no contract".  However, as stated on the confirmation paged signed by Ms. ***** is clearly reflects the provision regarding the early termination.Again will state there was nothing I saw stating a 5 year contract. I would of not signed and asked Chris G******* to leave my business.


3.  All documentation that was provided to Ms. ***** was provided in complete form as our program guide is sent in booklet format.  Again to reiterate, if Ms. ***** indeed was missing information why are we just now being notified in a BBB complaint 2+ years later and why was this not communicated with our company until this point? The program guide I received hardcopy did not include the whole document. Two months is when I talked to Tom Foster and he is the one who told me there was a five year contract. Then I was emailed the full program guide. Jason talk to Michele and Tom and ask them how many times I have called and complained.


4)  The 60 days no regrets policy is presented by every agent and again included within the welcome kit.  My initial assumption is that while Ms. ***** knows about our "Merchant Assurance Price Policy" Ms. ***** also knew quite well of our 60 day policy. No I did not know of a 60 day no regrets policy because after I found out that I was stuck in a five year contract, I would of gotten out using the 60 days no regrets policy.


5)  Full Refunds were made for the PCI. Yes the refunds were made, but I had to call about getting reimbursed.



6) Ms. ***** "DID" sign a 5 year contract and her signature and usage clearly indicate her acceptance of our usage terms. NO I DID NOT SIGN A 5 YEAR CONTRACT TO MY KNOWLEDGE. I WAS TOLD NO CONTRACT.


7)  Full Refunds were made for the non-compliance once Ms. ***** finally became compliant as instructed multipl times by our customer service department. I had to call numerous times for Chris G******* to come to my business and set me up with PCI compliance.  


8)  This is not as Ms. ***** stated, "Bull".  What this is, is clearly Ms. *****'s attempt to be released from a contractual obligation.  Irrelevant to communication with another business owner Ms. ***** has a contractual obligation.  As stated before, we are more than willing to release her from the contract by forwarding a close letter to our office.  Upon receiving the letter we will collect the early termination fee of $750 as well as any outstanding fees for service usage through the time of closure. Again I will say this is bull, I would have not signed up with AdvoPay if I knew I was getting stuck with a 5 year contract.




I thank you for this opportunity to respond and it is with sincere hopes that this issue is at an end. This issue is not at an end!



 

 

 

11/27/2015 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: From the very beginning AdvoPay merchant services has been deceptive. Our representative, William B**** engaged in high pressure, low information sale. He informed us that we would save money on our services, with a no contract plan. We were shown a spread sheet that showed are savings, supposed comparing their rates with our then merchant service provider. On signing day, that no contract plan was now a different story - 60 days to test drive the company. We were rushed. The ridiculously sized contract was quickly handed and taken , then shoved into my “welcome packet”. Our deep discounted rate quickly disappeared under a hail of fees and the 60 days was actually 30 days now gone. It was disclosed - in a 20 page 9point font agreement of legalese. We were stuck and now with a $750 early termination fee, which is more than twice the average early termination fee. Our rep then begins to sell me on an upgrade to our account, a virtual terminal which will make my recurring monthly transactions automatic – awesome. We would maintain our next day funding and we could add it for between $20-$40 a month. Those fees are actually $120 a month I learn 30days later – as much as my regular terminal. We also learn quickly that next day funding didn’t exist for a virtual terminal. Our representative is now uncomfortable around me and avoids taking my calls. He denies telling me much of what he has said even though staff overheard much of it. Never see him again. Not only does next day funding not exist, it took 2 days longer through the virtual terminal. The funding issue is impractical and $120 is much more than we were told, but I am late in a high risk pregnancy so having an option for staff, if I am suddenly unavailable is still appealing until it double charges all of our patients with recurring charges. We had to pull money out of our pockets to cover over draft fees, lost patient trust and lost patients who were angered by AdvoPay’s mistakes. We could not afford this kind of mistake again, so we needed to get rid of this virtual terminal. Well that was going to cost me $750, according to Greg P**** the Customer Service Manager – who took no responsibility for the mistake of his company. “It happened to everybody” – no offer of compensation and certainly no apology. To close the virtual terminal, I was required to agree to extending my term and doubling my termination fee- nothing short of extortion. The final entry in the virtual terminal saga was far worse than I could have imagined. After I succumb to the extortion, they charged our patients again through our now disabled virtual terminal. The first time they double charged patients, I was in receipt of the money within a couple of days and could manually refund our patients. Since the account had been “disabled”, we did not receive our funds. These funds languished in parts unknown for our patients, some waiting more than a week to receive their money back. After several attempts to relieve ourselves of this company, every attempt goes missing, “no record”. My final call results in a snotty customer service representative informing me that I have violated our contract by failing to process for over a year! It took every fiber of my being to not scream “that’s because I have terminated!” I hung up and literally banged my head on my desk. 2 days later I receive a letter in the mail informing me that the contract is now terminated and I notice $750 missing from our business account. This violation of my contract did not stop them from taking $120 a month from our business account every month for over a year! Less than a week later they took $1450 for equipment that I have proof that they have received. I fought both ACH debits with the help of my bank, but they persist with a bill. I have no doubt they will not go away. I have reported them to the State Attorney General. If they want a $750 cancellation fee – they have more than collected it over that year. They charged my over $1400 in that time. They have their pound of flesh. I am wiser small business owner. The internet is littered with similar stories to mine because of AdvoPay. They are now doing business under another name Credit Connect. I would presume this is because they are such a nightmare to work with. In an industry that is grossly under – regulated, they stand out as the worst of the worst. What I want is damages, and the difference between what I was charged and the $750 returned, but as a small business owner I know that this would require time and money I do not have and they know it. They have cost us business, time, money and peace of mind that simply cannot be valued. AdvoPay’s attitude from the beginning is we have your bank account and there is nothing you can do about it. I want AdvoPay to go away. I want a letter that states that the contract has ended and I owe nothing more

Desired Settlement: I want AdvoPay to go away. I want a letter that states that the contract has ended and I owe nothing more

Business Response: We appreciate the opportunity to clarify for the BBB the concerns that have been brought forth in a recent complaint by the wife of the owner of Northland Chiropractic Center.  The information contained within the review was false and extremely misleading. Based on the nature and complexity of the complaint we are providing you along with this letter very specific documentation relating to the contractual agreements signed and personally agreed to by Dr. ***** ******* (100% owner as signed on the application agreements) along with a chronological timeline of the account activity with Advocate Merchant Solutions.

December 16, 2012 Dr. ***** *******, owner of Northland Chiropractic Center “1” enters into a processing contract through AdvoPay.
December 16, 2012 Dr. ***** ******* enters into a No-Charge terminal program (attached) with AdvoPay. 
February 22, 2013 Dr. ***** *******, owner of Northland Chiropractic Center “2” enters into an additional processing contract through AdvoPay for a new location.
February 22, 2013 Dr. ***** ******* enters into a Virtual Terminal processing agreement with AdvoPay for the new location.
July 6, 2013 * ******* contacts AdvoPay and communicates with Greg P**** (Customer Service Manager) that Dr. ******* is requesting to close the processing agreement for the Northland Chiropractic Center #2.  Greg communicatretchenes with ******** that Dr. ***** ******* is currently under contract and although there is a $750 early termination fee to close, out of good faith a conditional waiver was provided (attached).  As you will notice the conditional waiver is contingent on Northland Chiropractic Center “1” maintaining good standing through the entirety of its contractual term ending on October 22, 2017.  Furthermore, the agreement clearly states, “If this account is closed any time before the expiration of its five year term, the early termination fee for both accounts will be assessed, totaling $1500”.
October 5, 2015 ******** ******* called AdvoPay and indicated that they wanted to close the account immediately.  During this call it was discussed that Dr. ******* had signed two contractual agreements as well as a conditional release for the second location.  ******** became defensive and stated on this call that they would not be paying this fee.  It was also discussed that they were in possession of a terminal

that was provided for use during the contractual agreement that was to be returned within 10 days of this cancellation.

October 5, 2015 a letter (attached) from Jason S******, CSO, was sent to Dr. ***** ******* indicating the following:
The account was confirmed closed on October 5, 2015
The terminal must be returned within 10 days of the date of closing (October 15, 2015)
Reiteration of terminal replacement fee, $1450.
October 15, 2015 the equipment had not been returned and the ACH bank withdraw for the replacement value had been submitted as agreed to on the No-Charge Agreement signed October 16, 2012.
October 16, 2015 the equipment arrived at AdvoPay beyond the allotted return period.  The equipment was rejected at it was not received on time according to the agreement. 
On or about October 28th the ACH was rejected by Northland Chiropractic Clinic.

At this point the account will be turned over to collections for the equipment that was not returned within the allotted time.

We have tried to accommodate the needs of this merchant as clearly documented.  The complaint is unjust misrepresented and coupled with the initial false review on the BBB site should be removed immediately.

Should you have any additional questions please do not hesitate to contact me directly.





Thank you,

Jason S******
CSO

11/22/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: They forged my signature to the contract! I have the proof! They have take out $750 for equipment that we bought! And then another $695. The company that was bought out by Cardconnect! We have a contact that states the equipment was ours! Our contract ended in December of 2014! They have taken the money out of our business account this past week! Our bank even can clearly see the signature is not matching to my signature! THEY WROTE MY NAME , SIGNED MY SIGNATURE! This is fraudulent!

Desired Settlement: I want this taken care of it is very obvious the signatures don't match

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 October 14, 2015 we received a letter that was actually dated October 1, 2015 (attached) from Mr. **** ********* owner of ******* ****** ********* ******, LLC., demanding the closure of his processing account with AdvoPay.  The content within the letter indicates that the account was supposed to be closed in December 2014 by his new and current processing company Central Payment (later confirmed on a recorded call that the closure request to AdvoPay was never provided by his new company nor him).  Upon receiving this notice from Mr. ********* the account was closed immediately and attempts by our retention department to communicate with Mr. ********* were initiated.
After multiple attempts to reach Mr. ********* with no return response, a letter communicating the $750 early termination fee and demand for our equipment was sent on October 20, 2015. Once again we received no immediate response and per the agreement and additional notification his account was charged $695 for the replacement value of the terminal. 
Following the ACH on or about November 3rd, 2015 I directly received a call from Mr. **** ********* indicating that he was trying to close his account and that all fees should be waived due to fraud.  On this recorded call several items were addressed.  When asked if he (Mr. *********) signed the application and contracts he clearly stated that he did sign all the paperwork but did not sign the personal guarantee section of the equipment No-Charge Form.  During this call he confirmed that he did sign the agreement, just not the second signature.  As communicated with Mr. *********, I am not a signature expert and could not make a recommendation but irrelevant to the second line which is merely the personal guarantee should the business default, the previous signature on the no-charge agreement and remaining signatures on all other documents were indeed valid and again Mr. ********* confirmed using our services for over two years.  While Mr. ********* claims in his complaint that the equipment is his, clearly it was not, as he was provided a no-charge terminal that has a very clear return / replacement value provision as clarified in my letter (attached) dated October 20, 2015.  Once again, the $695 that was deducted from his account was the replacement value for the equipment that was not returned as originally agreed. 
Furthermore, according to Mr. *********, the “other company” was also supposed to pay his early termination fee with AdvoPay which much like the close letter, never took place.  The $750 early termination fee was collected upon no response to our multiple attempts to communicate with Mr. *********.
We sincerely appreciate the opportunity to address the concerns within Mr. *********’s complaint and recognize that the information contained clearly does not constitute or warrant any such billing adjustments.  Mr. ********* used our services for over two years and violated his contractual agreement.  Additionally,  Mr. ********* individually, not his new processing company, did not follow required protocol to properly close his account or return our equipment.
Should you have any additional questions or concern I can be reached directly at 317-813-1611 or j*******@advopayment.com.
Thank you again,

Jason *******
CSO
AdvoPay    ...

10/28/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: September 14,2013 I hired Advocate merchant solutions to process my credit cards. They re normal contracts are for 5 years. I had a conversation with Michelle ******* ,company representative,and we agreed on a 2 year term which was witnessed and agreed upon with an outside salesperson.This conversation took place on the telephone, I was told to change the time period on my copy of the contract and they were to do the same. I faxed a cancellation form to them Sept. 14,2015. I called and informed them of my intentions and they said they would not honor those terms. I then contacted Michelle *******. She said she would get back to me but never did. They have since withdrawn 750.00 dollars from my account with notice or authorization, which in my world is stealing. I would be very grateful to have what belongs to me back. Thank you.

Desired Settlement: I would like to recieve a payback of 750.00 dollars.

Business Response:

Thank you for providing us the opportunity to respond to this complaint.  As discussed in a call between the CEO of Advocate Merchant Solutions and Mr. ******* directly on October 20, 2015 it was determined that while there was no supportive written documentation to verify the complaint presented to the BBB a full refund for the $750 would be made out of good faith.  The refund request has been submitted and will be ACH deposited into Mr. ******** account immediately.

Thank you,

Jason *******

CSO

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********. Todays date is October 27,2015. The response was sent on the 21st and I have not recieved a payback as of yet. I do not know what immediately means to this company,but I would think 1 week would be sufficient.  regards, ***** * *******.   

7/10/2015 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: on 7-11-13 Company sales representative Chuck *** switched me over to Advo Pay stating there would not be a contract or early termination fee per the contract under the "schedule of fees" section that as long as it was left blank in the ETF field that I could leave Advocate Merchant Services if I was no longer happy with their services. When I tried to cancel this agreement after several calls to Advocate Merchant Services I am being told that their will be a $750 cancellation fee! My rate with Advo has increased, the annual fee on my contract clearly states $49.95 - yet I have a $99.95 annual fee now. Also, contract states statement fee of $7.50 but I'm being charged $13.50; Regulatory Fee on contract says $3.50 and on my last statement I'm being charged $9.95. I feel this is a "bait and switch" from the designated sales person representing Advo (Chuck ***).

Desired Settlement: I want out of this contract as services were not as presented by their company representative! I have called Advo many times and just get the runaround!

Business Response:

It is unfortunate to hear about this customer's concerns. We always want to be competitive with our pricing but will have an increase on certain items here and there. Each time we are required to increase something we have notified customers 30 days ahead of time on the very first page of their statement. We list our customer service phone number and encourage people to call if the changes will pose a problem. In this case, Mr. ***** contacted our office about the annual fee charge being $50.00 more than usual. When we learned of his dissatisfaction with this we immediately put in a request to refund the difference and informed him he will receive the credit back for that within 3-5 days. Furthermore, he has now expressed a concern with the statement fee increase of $6.00 and the regulatory product fee increase of $6.45.
As soon as we received this compliant we tried contacting Mr. ***** directly by both phone and email. We have been unable to connect though. We wanted to inform him that we would be happy to absorb the increases on both of these items and that the fees will be decreased back to $7.50 and $3.50 as requested on his very next statement. We hope that will alleviate his concerns and going forward he will be satisfied with his fees.
However, if he does wish to cancel the service, what he was told on the phone when he first contacted us is correct. There is a five year term and closing the account beforehand results in a $750.00 early termination fee. Of course we would much rather be able to keep Mr. *****'s business than lose it. We value our customers and their concerns and always want the opportunity to rectify the problems they may have.
Attached is a copy of the last correspondence to this customer and the requests we have entered for his account. Also attached is his merchant agreement and terms and conditions outlining the policy on the early termination fee.   
If any additional information is needed we would be happy to oblige.

Thank you,
Merchant Support Team
Advocate Merchant Solutions

Consumer Response: Better Business Bureau:

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


Regards,
,
***** *****         on 7-11-13 company sales rep chuck *** switched me over to advo pay stating their would not be a contract early termination fee and i could cancel if not happy with advo pay.  not one word about 5 yr and 750.00. i still feel i have lied to and deceived.

       ***** *****



Business Response: Once again we thank you for the opportunity to clarify and rectify the situation that Mr. ***** of ******* ********* ******, Inc., has presented.  At this point we can only continue to stand by our previous letter to the BBB as well as the email (already in BBB file) written to Mr. ***** on February 4, 2015.  While the company has processed with AdvoPay since 2013 and as of June 28, 2015, continues to do so, we are lead to believe that any situation or concern that has been brought directly to our attention has indeed been addressed and rectified.  Unfortunately since the original complaint filed with the BBB Mr. ***** has yet to responded to any calls, voicemail or email from our office, thus eliminating our ability to communicate effectively with him live.  Since the original contract was signed we have only received a couple of calls from the company and the calls received were specific to rates and fees.  Please notice on our underwriting ticket log (attached) any complaints or issues presented to AdvoPay were indeed specific to rates and fees, all of which were addressed immediately, dating back to 2013.   We will continue to service ******* ********* ******, Inc., with the utmost integrity as we have with them since 2013.  We would greatly appreciate an opportunity to speak with Mr. ***** directly, but again, have not been presented this opportunity since we made the last pricing reductions to his account in January and February 2015. 

Thank you again,

Jason *******
CSO    
AdvoPay

Consumer Response:

Better Business Bureau:

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


Regards,

***** *****


  at the present time I have never spoken to anyone from the company about the problem, and have not had any response to correct it.


          ***** *****

12/28/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: We were falsely promised that there was no termination fees/ or term contract. I was also told by he individual who got us into advopay would be in constant contact. I have no heard from him since. He stated our fees would be lower(then what we were paying with our previous company) and he would help with PCI compliance. He did neither. I switched to a new company. I will be paying $750 early cancellation fee. I did not agree to this. I was told all I had to do was return the terminal and I would not be assessed a fee. This seems to be a reoccurring pattern with advopay as seen by the other complaints filed on this website. Lastly, these are the top two things that pop up when I google the individual who got us in to advopay. It shows a scary pattern. I made the individuals I spoke to at advopay aware of this. They did no care. http://www.******************************************************************************************************************************************** **************************************************************************************************************************************************************************************************************************************************************************************

Desired Settlement: I would like my early termination fee waved.

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 March 26,
2013 **** ******* of ******* ************* ***., entered into a sixty (60)
month merchant processing agreement through Advocate Merchant Solutions, Inc.  Mr. ******* was provided the terms and conditions
of entering into the agreement and additionally signed the Merchant Processing
Agreement (MPA) that clearly states the provision regarding early termination.  As confirmed by Mr. *******’s signature on
page 33 (attached) of the MPA, a complete copy of the MPA was provided and
agreed to all terms and conditions within the contractual agreement.  As part of our standard quality assurance practice
and guarantee we provide every merchant client a 60-days no mistakes, no
regrets trial period along with a price assurance guarantee for the term of the
agreement.  Over the past year and a half
since ******* ************ began processing we have not received any
communication with concerns to our rates or fess that Mr. ******* indicates in
his letter.

During the
time of application Mr. ******* also signed and personally agreed to our
terminal placement program for which he was provided a VX510 terminal for use
during the contractual agreement.  The
agreement for this terminal states that the equipment must be returned in good
and working condition within 10 days of termination or expiration of the
merchant account provided by AdvoPay. 
Failure to do so will result in a replacement fee of $495. 

On a
recorded call between Mr. ******* and ******** *., (one of our customer support
managers) on December 4, 2014 Mr. ******* was told that the equipment provided
needed to be returned or he would be assessed a replacement fee of $495 as
stated in the one page agreement signed and personally agreed by him.  It was directly communicated that if he did
return the equipment promptly that this fee would not be assessed.  Mr. *******’s statement in his complaint
regarding the equipment return and no fee assessed was correct, but only as it
pertains to the equipment, not the ETF.  As
of today, December 17, 2014 (13 days later) the equipment has still not been
returned as per the agreement (attached) and the phone call on December 4,
2014.

Additionally
on this call Mr. ******* was reminded of the contractual terms of the agreement
he entered into on March 26, 2013.  While
Mr. ******* requested proper closing instructions we have yet to receive his
documented request to close the account. 
Furthermore, when Mr. ******* was communicated once again regarding the
ETF his response was returned with a question, verbatim his response was, “Even
if I report you to the BBB”?

And lastly,
Mr. ******* indicated in his letter that our agent offered to help with his PCI
compliance but never did.  According to
our records (attached) his account was set up in the system on April 5, 2013
only a few days after they began processing. 
Accordingly, it also appears that on that very day the location was
compliant by PCI standards.  It appears
from the PCI database that correspondence was repeatedly sent to Mr. *******’s
email that was continually ignored for a period of 10-11 months for information
that may have been additionally required. 
Any issues that Mr. ******* documented within his complaint regarding
the PCI is not accurate and should not be considered as a valid complaint, as
his continual disregard for PCI’s correspondence was not caused by AdvoPay.

While we
have communicated with Mr. ******* only once over the year and a half that his business
has been utilizing our services, this report to the BBB has come as a complete
surprise.   We have attempted to communicate and assist
Mr. ******* but have received no such success in doing so.  It is with hopes that the BBB recognizes the contractual
obligation and invalid claims as documented within this complaint.

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

It is with
sincere appreciation that you have allowed us this opportunity to clarify the
situation.

 

Thank you again,

 

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

CSO

Advocate Merchant Solutions    

11/13/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: We decided to give advopay a try for our merchant services after my husband had several meetings with salesman ***** ******. ***** promised that we would pay less with advopay than with our current company. The rates were certainly lower than our current rates, but when you added in the excessive fees that were charged on every statement, we ended up paying more than with our previous company. When this was addressed with *****, he agreed that there were fees that we should not be paying, or that should have been lower, and he promised to get them refunded on the next statement. This is how he placated us when we called with each new statement that was higher than promised. We finally decided that this was not working, and after several attempts to get ahold of ***** to discuss a refund for the cc machine, he finally called back and advised us he would check with someone else. After we realized that ***** was not going to be of any use in this situation we tried emailing the company about cancelation. After several attempts we were told about the $750 cancelation fee and the 5 year contract. We were never told about a 5 year contract and would have NEVER agreed to any term contract. The only place we found any mention of the 5 year contract is in the paperwork that was mailed to us months after we signed with *****. I was trying to dispute this with the company and after several unanswered emails my office manager was finally able to speak to **** *****. His response to our objection of the 5 year contract was "I have never heard of anyone not being fully aware of the 5 year contract". When he was asked about the many complaints on the BBB site that specifically listed there was no mention of a 5 year contract by advopay. He stuttered "I meant that none of *****' customers have complained about this". We feel this company is completely dishonest and just want everyone to be aware of it.

Desired Settlement: We realize what the outcome will be here. Advopay will come back with "their hands are tied" since we signed a contract. We should be refunded the cancellation fee, though we know we will not be getting a refund from this corrupt company, but we really just want everyone to know what a crooked and shady company this is.

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 May 13, 2014 ****** ************* of **** * ******** entered into a sixty (60) month merchant processing agreement through Advocate Merchant Solutions, Inc.  Ms. ****** was provided the terms and conditions of entering into the agreement and additionally signed the Merchant Processing Agreement confirmation page (attached) that clearly states the provision regarding the early termination. 

AdvoPay’s processing rates and fees were disclosed to both Mr. ****** during the multiple meetings that Ms. ****** indicates in her complaint as well as Ms. ****** at the time of signature.  Additionally, all rates, fees and termination disclosures that were discussed we’re clearly documented on the application, signed and accepted on May 13, 2014 by Ms. ******.

Ms. ****** further indicates that AdvoPay’s rates we’re “certainly” lower than their current processing rates.  Clearly this would be an indication that AdvoPay did offer lower processing rates and conducted proper disclosure.  As you will notice on the attached application there are several standard company fees that have been either completely crossed out or lowered as a result of our commitment to provide **** * ******** a cost effect solution for their processing needs.

Unfortunately as we deal in finance and technology there are sometimes mistakes that are made while inputting a new file.  The advantages that AdvoPay presents is that we do offer the 60 day no-mistakes no-regrets policy which allows us the opportunity to fix any such issues or mistakes during this time.  If the customer is not satisfied during this time they may immediately terminate the agreement with no penalty.   Not mentioned in Ms. ******s complaint, the billing issue that was brought to our attention was immediately resolved and credited back within 48 hours of notice. 

We would like to ad that Ms. ****** indicates in her letter that she received documentation with regards to the contractual terms months after she signed with AdvoPay.  For quality assurance, security and reasons such as this, all calls, in and out of AdvoPay are digitally recorded.  To date, we have not spoken directly with Ms. ****** as her office manager (****** ******, sister) is the point of contact.  In one such recorded call with Ms. ****** she was adamant that **** * ******** entered into the agreement with AdvoPay in March and did not receive the documentation mentioned above until May.  During this conversation Ms. ****** became extremely argumentative and disagreed with any information that was provided in support of her inaccurate information.  Furthermore, Ms. ****** indicates that **** ***** our customer service manager stuttered during a line of questioning by her.  These specific calls are on file and I would be more than happy to forward for your review. 

Ms. ******’s communication on these calls were that, of again, very argumentative and without warrantable or credible facts.   As you can clearly see on the attached batch report, **** * ******** processed their first batch of nine hundred fourteen dollars and sixteen cents ($914.16) on May 19, 2014, exactly six (6) days after Ms. ****** signed application and contract.  Furthermore, please notice the FexEx shipment receipt dated May 14, 2014 and the receive receipt of May 16, 2014.     

While we have communicated with Ms. ******’s office manager several times the report that the BBB has received is inaccurate and without validity.  Again, we are providing you today supportive documentation regarding the complaint and would be more than willing to forward the recorded calls that clearly reflect the inaccuracy and unwarrantable claim that has been presented to the BBB.

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

It is with sincere appreciation that you have allowed us this opportunity to clarify the situation.

 

Thank you again,

 

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

CSO

Advocate Merchant Solutions    

Consumer Response:

Better Business Bureau:

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

My office manager is fully in charge of all Merchant Service decisions, I as the owner only act as the signature person.  That is why she is the one contacting the company, and yes we are 100% frustrated with them, because of all the run around trickery we experienced. 

This company is unethical,  and I hope other small business's they try to take advantage of, read all of these complaints before trying their company.

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

 

 

10/5/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: First of all I was with a another company before I sign this contract with advopay. The salesman should of told me that I was still in contract with my company before I switched to you or I never would of switched to advopay in the first place and speaking with different companies any company will tell you that you're still in contract with them but she didn't say anything. So now I was stuck with 2 credit card companies and she told me we will send you a different terminal and the exact same one. I was like why are you sending me a terminal cause my old company sent me a termination fee so she told me you can have both companies. Im not having 2 credit card companies thats crazy and shes saying its not my problem to me. So then they sent me the terminal which is was the wrong one so I called her and left a voicemail and no all back nothing next day I had to call the company and they had to call her to call me back. I went and called my previous providers that I was dealing with and switched back with them. This company is not good at all never getting back to me and acting shady and sketchy. Then she wouldnt let me return the terminal because it was on sale. That's so crazy never heard of a company say we can't return it because it was on sale. What ever happen to customers are always right? I would never do this to anyone at all! I'm just disgusted with this company!

Desired Settlement: all I want is a refund for the terminal I had to pay for and wave the termination fee

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.

Mr. ***** ****, owner of *** **** DBA; ***** ** ******* entered into a five (5) year processing agreement with AdvoPay on March 14, 2014.  While Mr. **** confirms in the first sentence of his complaint that he was with another company prior to signing the contract with AdvoPay, at no such time did he communicate any provisions or terms with regards to his existing contractual agreement.  AdvoPay’s agents communicate and provide documentation regarding our terms of agreement however, at no such time would we be privy to the specific contractual agreements from other processing companies.

AdvoPay cannot assume any liability for not knowing Mr. ****’s contractual terms, let alone be held accountable for something that “he” should have had a complete understanding of prior to entering into an additional contractual agreement with AdvoPay.  I would presume in this case it would be compared to as Mr. **** signing a multi year contract with one wireless provider and after a few months deciding to move his number to another.  In either case, the liability would absolutely fall on Mr. ****’s signature and personal guarantee on both contractual agreements.

Mr. **** further claims that he purchased a terminal that when delivered, was the wrong terminal.  The terminal that Mr. **** purchased was a Verifone VX510le, also known as an Omni 3730le.  The terminal that was delivered was indeed the same terminal just under its original name.  However, this is not the issue that was presented to the agent when initially contacted by Mr. ****.  Mr. **** apparently purchased an additional terminal on Amazon after taking delivery of our terminal and demanded that we refund his money.

At this time Mr. **** communicated with AdvoPay that he recently received notice that he has a $2000+ early termination fee with his previous company.  Mr. **** demands that we close the account and waive any and all fees associated with his account.  As of September 20th his account has continued to process with us over the past six months.  While we do offer a 60 day initial trial period Mr. **** has far exceeded that time.

We have tried to communicate and provide alternative solutions for Mr. **** however, the end result is a continual demand for us to break the contractual agreement and waive all fees.  Unfortunately the claim presented by Mr. **** doesn’t warrant these actions as AdvoPay has not violated, mislead or misrepresented Mr. **** in any way.

Should you have any additional questions or concern I can be reached directly at 317-813-1611 or js******@advopayment.com.

It is with sincere appreciation that you have allowed us this opportunity to clarify the situation.

Thank you again,

Jason *******

CSO

Advocate Merchant Solutions    

9/11/2014 Problems with Product/Service
9/1/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I purchased a NCR silver POS system from Advopay with and agreement that I would use the POS and ADVOPAY's credit card processing. Advopay was advertising a 60 day money, no questions asked trial period where if I wasn't completely satisfied I could walk away and they would reprogram my exist system to my original company. The first thing that went wrong was they charged my bank for $3600.00 for 2 systems and I ended up with a bank charge $35 overdraw fee. I called Advopay and they refunded me $1800.00. Next they were supposed to upload all the inventory and barcodes from my existing systems and load it to the new system..unfortunately the barcodes format was not compatible so I spent the next 2 weeks scanning all the bar codes manually into the new system..Then I got the bill for 15 days of processing and on comparing with my old company Advopay rates where way higher and they had stated they would match or beat it. Then I asked them dowload the prices and item cost and it took 2 weeks...Advopay also told me that I could access and update my inventory using the bluetooth scanner and I found out later from NCR that that was not possible. For the last 2 weeks I have tried to cancel my contract and not been able to get a firm address to send the notice so I faxed a copy and sent 2 registered notices to address in the contract and also physical tried to give a copy to the sales person in Colorado who refused it.

Desired Settlement: Take back the NCR system and reprogram my system to accept my old cc processor and refund $1800.00.

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 June 18, 2014 **** ****** Corporation entered into a 60 month merchant service processing agreement.  At the time of initial product and service demonstration Mr. ******* (owner) was provided a purchase price of $3,600 for an NCR Silver Point of Sale System.  During the initial presentation Mr. ******* was also presented a service contract in which case AdvoPay would assist (at an hourly rate) in the programming of his stores inventory needed for the system.

On June 18, 2014 all applications, contracts and additional agreements were signed and submitted to AdvoPay Corporate for underwriting approval.  On June 26th AdvoPay’s finance department ACH debited **** ****** Corporations bank account for the agreed purchase price of $3,600 (ACH Debit authorization for $3,600 signed by Mr ******* attached).  On June 27th it was brought to the attention of AdvoPay that Mr. ******* had located a similar system to the NCR Silver for roughly $1,500.  After discussions with Mr. ******* it was determined that the purchase price/system originally discussed would be adjusted to $1,800.  On June 27th we conducted an ACH Deposit (attached) of $1,800 back in their account.

While AdvoPay has exceeded the time allotted for inventory programming as per the terms of the service agreement (attached) signed by Mr. *******, out of good faith AdvoPay has worked diligently to assist him with the new system and inventory without additional charges.  During this time Mr. *******s involvement has been very limited however, on repeated recorded conversations Mr. ******* has expressed his likes of the system.  It was brought to our attention earlier last week that the issues they have had with the barcode scanner are a result of their own wifi network.  Additionally, we believe that much of the concerns, issues and now BBB  communications are coming from Mr. *******’s son, not Mr. *******.

As you will notice attached we do provide a 60 day no mistakes no regrets policy for our service.  Clearly we want our customers completely satisfied and offer them an out within the first sixty days if they are not completely satisfied.  While we do offer this policy and a rate guarantee our policy also clearly states that we will not return or refund purchased equipment.  We have agreed to release them from the contractual agreement but cannot return the merchandise purchased.

We have been working diligently to assist this merchant and while we received a close letter over a week ago, it appears Mr. ******* had no initial knowledge that he was cancelling service and still continued to process with us through August 20th.

I am providing with this response supportive documentation that will clearly demonstrate that AdvoPay has operated in a very efficient and forthright manner throughout the time Mr. ******* has been a customer as well as supportive documentation clearly showing that AdvoPay’s authorization for any and all such charges documented within the complaint were indeed agreed to an authorized by Mr. *******. 

It is with sincere hopes that the BBB recognizes that while we have tried and continue to facilitate the needs of **** ****** Corporation we are a little concerned that while they have worked directly with AdvoPay and NCR silver that this may be buyer remorse from the son, not the actual owner.  We are willing to continue to do whatever we can to assist them with their system and processing needs.

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

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

 

Thank you again,

 

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

CSO

  

1/5/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: Hi my name is ****** ******** and I am the owner of 2 small business located in a small town in Watertown Ct. In March 2013 a gentlemen named ***** ******** came into my facility and introduced himself as working for AdvoPay credit card processing. He stated that he would be able to save me money on my monthly bill if I switched over to his company. He then proceeded to ask if he could see a statement. I gave him the Statement and he said he could save me a ton of money! Shortly after I started to receive my bills from Advopay I noticed the charges were 3 times higher than what I was paying with my last company when I was processing the same amount in revenue. I called ***** right away and advised him of all the fees. He told me it takes time but I was going to be refunded. The next statement came in and the same fees were still there plus a bunch of new fees. He said he was going to take of those as well. He stated that I was only suppose to be charged 20 bases points plus a $7.50 statement fee. As my evidence every conversation I ever had with ***** ******** was recorded as he was advised in our meetings. I then tried to call ***** again and his Cell number was disconnected. I then called the processing company in which they gave me another 3 different numbers for him in which those were all disconnected. I then was really fed up and I asked the Processing Company to give me his bosses Number. I then had a chance to speak to **** ***** about all the Fees that were not suppose to be charged. I went straight to **** *****, because I felt that ***** was lying about the refunds I was told I was getting. **** said he would refund some, but not all the charges. I told **** That I wanted everything refunded because I have recorded conversations with ***** that clearly states that I was not suppose to be charged anything more that a $7.50 statement fee plus 20 bases points. I told **** I would upload the conversation and he can listen to it himself. He did not care and just said no! At that point I knew ***** was trained to do these terrible acts. If I was Advopay and someone that represented my company went around misleading and lied to my new customers I would do everything to make it right and fix what my employee did on his behalf. When he said no to me after I stated the evidence I had I knew that this is the way that company just operates! At that point it was an Argument. I told him that I am a SMALL BUSINESS and that every dollar a small business spends is spent wisely! I told **** I didn’t switch companies to spend more money. I switched so it would be cheaper and it hasn’t been since the first month. At this point he said he is not doing anything for me and chuckled. I then went to my bank to dispute the charges. The Vice President of the bank sat with me for over 6 hours reviewing these charges to file a dispute. Unfortunately we couldn’t file a dispute and the applications were not accepected because it needed to be done within 24 hours on a business account. One thing she did state is that "she has been doing banking since the stone age, and she has seen cases like this before, but NEVER as bad as this one" As being the vice president of the bank she has written me a letter of her evidence in which she found that this company had foul play! (If you need to contact her, her name is **** ******** she is the Vice President. The address to her office is **** ******** *** ********, CT. The telephone number there is (203)********.) Her recommendation was to close both accounts and open new accounts, so they weren’t taking more money from me. That’s what I did. I called Advopay on 11/13/13 to cancel my accounts and ******* stated that I was on a 5-year contract. I told her that I have a recording statement from ***** ******** the agent who signed me up that clearly states that any of the documents he had me sign didn't have or say that I was signing any type of contract. She still insisted that I was on a contract. She said I signed to the terms and conditions. I was never given or shown any terms or conditions. I signed a form allowing advopay to bill my bank account $7.50 plus 20 basis points, not a contract. She stated that the contract was in a different booklet. Well I never undersigned that booklet. I told her she couldn’t have me sign a bank form and have a contract on page 33??? I have canceled my account and now they are treating to impact my credit with an $800.00 early termination fee for a contract I never signed. In addition I had posted a listing for anyone who is having the same issues as me in the state of Connecticut, and it has been remarkable how many small business has reached out to me complaining about the identical issues I am currently facing. We were going to all come together to file a class action law suite, but I was advised to try and contact your office first. In addition ***** ******** was fired when I really started to press the issues with **** on where the heck were my refunds! This is an Act that needs to stop! Small Business are the Heart of making the Economy Grow and putting people to work, but Corporations like Advopay puts a burden on you when they are just plane out stealing money from your bank account. Let me also include that I have a statement that they charged me more in fees than what I actually made! Does this even sound correct to you? They use their lingo saying we signed a contract, but they can not produce a document that shows my signature and directly above stating im signing a 5 year contract! Please contact me. There are many other Small Business that needs your immediate attention. Regards, ****** ** ********. IN ADDITION I JUST FOUND OTHER OF THE SAME SIMILAR COMPLAINTS ONLINE. HERE IS A LINK TO THEM: http://www.ripoffreport.com/r/ADVOPAY/internet/ADVOPAY-advo-*******************************************_1

Desired Settlement: I Want all of the money they took from my bank account starting from March and Ending in November. I will not stop reaching out to the public until I get my money back that was taken from me. I am the most consistent person this company will ever come across now as well as in the future.

Business Response:

We appreciate your assistance in resolving this matter and are with hopes that we fully address the complaint of this customer with our response today.

On January 11, 2013, Mr. ******** of *** ******** * ******** *** ******** **** **** each entered into a sixty (60) month merchant processing agreement through Advocate Merchant Solutions, Inc.  Mr. ******** indicated in his letter today that he was only to be charged the $7.50 statement fee plus .20 basis points for his processing services.  In response, this is inaccurate at evidenced by his initials on the rates and fees page as well as his signature and personal guarantee on the application.

As you will notice on page two of the application both of his locations received similar rates and fees.  Clearly there are standard additional fees that were accepted by Mr. ******** on January 11, 2013 including but not limited to the $7.50 Statement fee, .40% basis points (not .20 as indicated on Mr. ********’s letter) as well as a transaction, Discover® access, Annual and regulatory fees.  These fees are industry standard fees and at no time was Mr. ******** ever mislead or misguided regarding them. 

Furthermore, Mr. ******** made claim that he never entered into a contract and was subject to an $800 early termination fee.  Mr. ******** did sign acceptance of the Merchant Program Guide officiating his contractual obligations (confirmation page attached).  His early termination fee however is not $800 but rather $750 per location. 

While Mr. ******** is a valued customer we have made every attempt to ensure his continual satisfaction with his processing services.  As you will notice by the attached email we have made numerous financial concessions to facilitate any questions or concerns he may have had.  We take great strides to ensure the continual satisfaction of each of our clients, yet, it would appear that with all sincere efforts we’ve exhausted with Mr. ******** were not able to do enough.  We have tried to communicate with Mr. ******** to continue his services but at this point we have not been able to satisfy the unjustified requests.  

I am providing with this response supportive documentation that will clearly demonstrate that AdvoPay has operated in a very sincere and ethical manner during 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.  AdvoPay has a sixty days no mistakes policy (attached) that enables all merchants the opportunity to utilize our services, review all documents and statements and make an final decision prior to moving forward with the contract.  We would like to continue servicing his accounts and are with hopes that he will provide us the opportunity to continue to do so.   

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 ********@advopayment.com.

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

 

Thank you again,

 

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

CSO

Advocate Merchant Solutions    

Consumer Response:

Better Business Bureau:

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

The Company talks their lingo but none of it is true. If this was the case then there wouldn't be that many small business around the country complaining about the same situation. The documents that were uploaded more than half were not even my hand writing which means Chris or someone in that office filled out more than half of those documents. The beautiful thing is that I have Live Audio of My agent clearly stating that any of the documents he had me sign did not have or carry any type of contract attached. So that will CLEARLY show you that those uploaded documents were not filled out by me. ***** ******** stated that this was a month to month company and that I could leave at anytime. If you need a copy of this evidence I will be more than happy to upload it and send it to you. I Have Posted In the state of Connecticut listening if there were any other companies impacted by advopay and it is remarkable the amount of calls. I just received a call from some clients in Atlanta Georgia as well. This Company needs to stop the Fraud! 

Regards,

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

 

 

Business Response:

We are currently in communication with Mr. ******** to resolve any concerns that he may have.

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

 

Consumer Response:

Better Business Bureau:

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


Mr. ******* has has contacted me on 11/15/13 regarding my complaint with Advopay. I spoke with Mr. ******* on 11/19/13 to retrieve his email address so I can forward him my proposal so we can put this all to an end as he asked. At the current moment nothing has been fulfilled, but is still waiting on Mr. ******* to review my proposal. By my conversation with Mr. ******* on 11/15/13 it seems as his demeanor is to get to the bottom of the facts and to resolve this matter , but as I said its to early to tell and as of 11/20/13 nothing has been fulfilled.

Regards,

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

 

 

11/30/2013 Problems with Product/Service | Read Complaint Details
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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 ********@advopayment.com.

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

 

Thank you again,

 

***** ******* 

CSO

Advocate Merchant Solutions    

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

317-********

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

 

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

CSO

Advocate Merchant Solutions    

10/1/2013 Billing/Collection Issues | Read Complaint Details
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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 www.pcicomplianceguide.com 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    

 

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

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

 

 


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