BJ's Restaurant Brewhouse

Revdex.com:
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,
[redacted]
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, [redacted] of [redacted] entered into
a sixty (60) month merchant processing agreement through Advocate Merchant
Solutions, Inc.  Ms. [redacted] 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 [redacted] 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[redacted] 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 [redacted] 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. [redacted] 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. [redacted] 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. [redacted] 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. [redacted] indicates that her signature was
copied and pasted.  This is inaccurate as
she signed via electronic signature on an iPad device.  Ms. [redacted] 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[redacted] 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. [redacted] many time over the
years, this report to the Revdex.com came as a complete surprise.   Ms. [redacted] 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
Revdex.com recognizes the contractual obligation, repeated attempts to facilitate Ms.
[redacted]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[redacted]
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[redacted]@advopayment.com.
It is with sincere appreciation that you have allowed us
this opportunity to clarify the situation.
Thank you again,
Jason S[redacted]
CSO
Advocate Merchant Solutions

Thank you for your assistance in resolving this matter. We hope to fully address thecomplaint of this customer with our response today as many claims that have beenbrought to the attention of the Revdex.com are quite inaccurate and untrue.On July 24,2014 [redacted], owner of...

[redacted]., entered into asixty (60) month merchant processing agreement through Advocate MerchantSolutions, Inc.  As verified by Ms.[redacted]’s signature on page 33, the Confirmation Page, a complete copy of the MerchantProcessing Agreement was provided and Ms. [redacted] agreed to all terms andconditions within the contractual agreement. Furthermore, an additional copy of the MPA was FedEx to her location onAugust 4, 2014 along with her complete welcome kit, terminal and documentationwith logo stickers.  As part of our standardquality assurance practice and guarantee we provide every merchant client a60-days no mistakes, no regrets trial period along with a price assuranceguarantee for the term of the agreement. Over the past year since [redacted] began processing we have accommodatedany concerns that Ms. [redacted] brought to our attention.  [redacted] continues to utilize our processingservices as of September 11, 2015. During the time of application Ms. [redacted] also signed and personally agreed to ourterminal placement program for which he was provided a VX510 terminal for useduring the contractual agreement.  At alater time based on specific paper requirements of the business it wasdetermined that a different terminal was needed.  An FD100 terminal, considerably moreexpensive than the previous terminal was provided to Ms. [redacted]man foruse.  Typically the FD100 terminal, asstated on the usage contract carries a $24.95 monthly warranty fee, however, ingood faith and in an effort to accommodate Ms. [redacted]’s needs, AdvocateMerchant Solutions reduced the monthly fee to only $12.95.  Ms. [redacted] claims that she was lied to and that the agent did not complete an online compliance serviceon her behalf.  Unfortunately as part ofsecurity regulation and compliance, the agent nor company can complete any suchcompliances on behalf of our customers any longer.  While we assisted Ms. [redacted] with her complianceupon account setup, Advocate Merchant Solutions also instructed all of ourcustomers numerous times throughout the year of the annual requirements thatwould need to be completed.  AdvocateMerchant Solutions does not claim any responsibility to failed actions orrequired renewal obligations not completed by its customers.  While we would have been more than happy toadvise her of the steps towards compliance, this is not an issue that she hasever brought to our attention. Furthermore, every customer receives important regulatory and complianceinformation on our monthly statements and mailings.  Our compliance section on our website isdesigned for ease and simplicity of all of our customers to complete their requirements.  https://pci2.trustwave.com/action.phpAt no such time has anyone threatened Ms. [redacted] or any of her staff regarding "ruining" their credit as she claims in the complaint.  Ms. [redacted] 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. [redacted] a few times over the past year we continue toaccommodate her specific needs.  This report to the Revdex.com has come as a complete surprise as this morning modificationswere made to this account reducing the minimum monthly fees, once again, to accommodateher claimed financial needs.   It is with hopes that the Revdex.com recognizes the contractualobligation and invalid claims as documented within this complaint.  AdvoPay has only operated in good faith andcontinues to provide a credible service to His Hands.Should you have any additional questions or concern I can be reached directly at[redacted] or j[redacted]@advopayment.com.Thank you again, Jason S[redacted] CSOAdvocate Merchant Solutions

I signed up with advocate in November 2014 and the representative never mentioned to me that they have a five year contract that you are signing and I went out of business in May 2016 and the charge a 750.00 charge for getting out of contract. So I am Screwed! The president of the company has on his bio about how much money his company makes... And it's in a hidden sorry way!! I WOULD NEVER RECOMMEND ADVOCATE FOR ANYONE!!!!

Thank youfor your assistance in resolving this matter. We hope to fully address thecomplaint of this customer with our response today.On March 26,2013 [redacted] of [redacted]., entered into a sixty (60)month merchant processing agreement through Advocate...

Merchant Solutions, Inc.  Mr. [redacted] was provided the terms and conditionsof entering into the agreement and additionally signed the Merchant ProcessingAgreement (MPA) that clearly states the provision regarding early termination.  As confirmed by Mr. [redacted]’s signature onpage 33 (attached) of the MPA, a complete copy of the MPA was provided andagreed to all terms and conditions within the contractual agreement.  As part of our standard quality assurance practiceand guarantee we provide every merchant client a 60-days no mistakes, noregrets trial period along with a price assurance guarantee for the term of theagreement.  Over the past year and a halfsince [redacted] began processing we have not received anycommunication with concerns to our rates or fess that Mr. [redacted] indicates inhis letter. During thetime of application Mr. [redacted] also signed and personally agreed to ourterminal placement program for which he was provided a VX510 terminal for useduring the contractual agreement.  Theagreement for this terminal states that the equipment must be returned in goodand working condition within 10 days of termination or expiration of themerchant account provided by AdvoPay. Failure to do so will result in a replacement fee of $495.  On arecorded call between Mr. [redacted] and [redacted]., (one of our customer supportmanagers) on December 4, 2014 Mr. [redacted] was told that the equipment providedneeded to be returned or he would be assessed a replacement fee of $495 asstated in the one page agreement signed and personally agreed by him.  It was directly communicated that if he didreturn the equipment promptly that this fee would not be assessed.  Mr. [redacted]’s statement in his complaintregarding the equipment return and no fee assessed was correct, but only as itpertains to the equipment, not the ETF.  Asof today, December 17, 2014 (13 days later) the equipment has still not beenreturned as per the agreement (attached) and the phone call on December 4,2014.Additionallyon this call Mr. [redacted] was reminded of the contractual terms of the agreementhe entered into on March 26, 2013.  WhileMr. [redacted] requested proper closing instructions we have yet to receive hisdocumented request to close the account. Furthermore, when Mr. [redacted] was communicated once again regarding theETF his response was returned with a question, verbatim his response was, “Evenif I report you to the Revdex.com”?And lastly,Mr. [redacted] indicated in his letter that our agent offered to help with his PCIcompliance but never did.  According toour records (attached) his account was set up in the system on April 5, 2013only a few days after they began processing. Accordingly, it also appears that on that very day the location wascompliant by PCI standards.  It appearsfrom the PCI database that correspondence was repeatedly sent to Mr. [redacted]’semail that was continually ignored for a period of 10-11 months for informationthat may have been additionally required. Any issues that Mr. [redacted] documented within his complaint regardingthe PCI is not accurate and should not be considered as a valid complaint, ashis continual disregard for PCI’s correspondence was not caused by AdvoPay. While wehave communicated with Mr. [redacted] only once over the year and a half that his businesshas been utilizing our services, this report to the Revdex.com has come as a completesurprise.   We have attempted to communicate and assistMr. [redacted] but have received no such success in doing so.  It is with hopes that the Revdex.com recognizes the contractualobligation and invalid claims as documented within this complaint.Should youhave any additional questions or concern I can be reached directly at317-[redacted] or [redacted]@advopayment.com.It is withsincere appreciation that you have allowed us this opportunity to clarify thesituation. Thank you again, [redacted] CSOAdvocate Merchant Solutions

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. [redacted] 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. [redacted] 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. [redacted]'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 TeamAdvocate Merchant Solutions

Once again we thank you for the opportunity to clarify and rectify the situation that Mr. [redacted] of [redacted], Inc., has presented.  At this point we can only continue to stand by our previous letter to the Revdex.com as well as the email (already in Revdex.com file) written to Mr. [redacted] 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 Revdex.com Mr. [redacted] 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 [redacted], Inc., with the utmost integrity as we have with them since 2013.  We would greatly appreciate an opportunity to speak with Mr. [redacted] 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 [redacted]CSO    AdvoPay

Revdex.com:
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,
[redacted]
 
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. [redacted]'s concerns, I will once again respond to the most
recent objections as stated in her response.
And I, [redacted] will once again respond.
1.  Ms.
[redacted] 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. [redacted] 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[redacted] lied. He guaranteed there was no contract just like I had with
my previous company.
2. 
On no such documentation that Ms. [redacted] has presented does it reflect "no
contract".  However, as stated on the confirmation paged signed by
Ms. [redacted] 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[redacted] to leave my business.
3. 
All documentation that was provided to Ms. [redacted] was provided in complete
form as our program guide is sent in booklet format.  Again to
reiterate, if Ms. [redacted] indeed was missing information why are we just now
being notified in a Revdex.com 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. [redacted] knows about our "Merchant Assurance Price Policy" Ms.
[redacted] 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. [redacted] "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. [redacted] finally
became compliant as instructed multipl times by our customer service
department. I had to call numerous times for Chris
G[redacted] to come to my business and set me up with PCI compliance.  
8) 
This is not as Ms. [redacted] stated, "Bull".  What this is, is
clearly Ms. [redacted]'s attempt to be released from a
contractual obligation.  Irrelevant to communication with
another business owner Ms. [redacted] 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!

I am writing this review on AdvoPay, a merchant service provider, with whom I have had the misfortune of doing business with.
When I initially signed up with AdvoPay, I was under the impression that it was for a 3 year term, spelled out in section 23. “Term; Events of Default, in section 23.2” the term is stated at 3 years, which is what I signed up for. However, at the end of the contract, section 35.4 Term of Agreement was changed to 5 years. This fact was not brought to my attention, until I wanted to cancel my service agreement with them at the 3 year term.
Their charges continued to go up, with a horde of new fees being added (such as rental equipment that we never wanted, and once we found out it was a rent and tried to buy the equipment, they said we had to fulfill the lease, and not let us buy it; consequently paying for the machine more than once) and it became a challenge to figure out how much extra money they were taking from our company.
I am still trying to cancel this Agreement, and they will be charging me $750.00 to cancel. In the 20 plus years we have been in business, I have never dealt with any company who did the bait and switch the way this company does. BEWARE! Make sure you read every line of the contract, because they lie and will take extra money from you at every opportunity, and they will not honor the agreements that have been made.

Ms. [redacted],I would like to take...

this opportunity to apologize for the entire experience you received at BJ's Restaurant in [redacted].  We are very disappointed to hear we didn't meet our or your expectations during your last visit.  I promise our standard of service greatly exceeds that of which was provided to you.  I guarantee you we learned from this experience and are working as a team to become more aware of our guest needs.  I would love the opportunity to win back your loyalty.  We would gladly take care of your next visit to our restaurant.  This would give me the opportunity to personally apologize for our conversation in person.  We also issued a full refund to your account on Monday, August 25th.  You should see some type of credit to your account.Sincere apologies,
[redacted]General ManagerBJ's Restaurants Tri-County
[redacted]

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. [redacted] of [redacted] 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. [redacted]’s business and shortened his contractual term by three years.  Additionally, on May 16, 2014, Mr. [redacted] entered into a No-Charge equipment program (attached) that would run concurrently with his processing agreement. Mr. [redacted] indicated within his letter that he had communication with our agent, Ms. Kimberly P[redacted] in which he requested a total rate not to exceed 3%.  Mr. [redacted] further states that Ms. P[redacted] “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. [redacted]’s monthly bil[redacted]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. [redacted] 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. [redacted] that he was indeed PCI compliant.  On that date once we received verification an account credit was immediately applied to Mr. [redacted]’s account for two months of non-compliance fees.  On September 8, 2014 Mr. [redacted] contacted our office once again regarding some of his fees (Statement & Data Breach Insurance).  Upon communicating with Ms. A[redacted], 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. [redacted]. While Mr. [redacted] indicates that he is requesting a refund, no refund is due.  Any increase in rates or fees was disclosed to Mr. [redacted] 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. [redacted] 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. [redacted] 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 [redacted].  Merchant agrees that Equipment is the property of [redacted], and must be returned in good and working condition within ten (10) days of the termination or expiration of the Merchant Account with [redacted].  If the Equipment is not timely returned, Merchant agrees to pay to [redacted] the replacement value of the Equipment of $495 for the Verifone Vx510 terminal.  If Mr. [redacted] 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. [redacted] 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[redacted]@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[redacted] CSO AdvoPay

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
When requesting to close I have listed all the account numbers I've had written down - not knowing which one is the one (and only one) that was still open. The email response from the company (see attached) confirmed that only one account was still open. I do not know why the company claims I had more than one and they were doing me a favor.
In addition, I have never signed (and never would have signed) a 5-year agreement.
As you can clearly see in the attached document, the company isn't being truthful. Not only have they confirmed only one account needs to be closed, there is also no mentioning of any termination fee (as I would have opted to keep it open with no processing activity - way cheaper), only processing fees for the activity that month (there was no activity and no fees charged for activity). 
Once the charge did go through, they stopped picking up the phone and responding to emails.
 
Regards,
[redacted]

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, [redacted] of [redacted] entered into a sixty (60) month merchant processing
agreement through Advocate Merchant Solutions, Inc.  Ms. [redacted] 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
[redacted] 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 [redacted] 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. [redacted] mentions in her complaint
Ms. [redacted]
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. [redacted] did
finally become compliant and again, in good faith we refunded her the
compliance fees.
Furthermore,
Ms. [redacted] indicates that her signature was copied and pasted.  This is inaccurate as she signed via
electronic signature on an iPad device. 
Ms. [redacted] 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. [redacted] many time over the years, this report to the
Revdex.com came as a complete surprise.  Ms. [redacted] 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 Revdex.com
recognizes the contractual obligation, repeated attempts to facilitate Ms.
[redacted]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[redacted]@advopayment.com.
It is with
sincere appreciation that you have allowed us this opportunity to clarify the
situation.
Thank you again,
Jason S[redacted]
CSO
Advocate Merchant Solutions

STAY AWAY!!!
Credit card processing is the big mystery of the world.. so let me help you. STAY AWAY FROM THIS COMPANY. I was promised all kinds of great interest rates that would work for my small business. What I got was extremely high interest rates and charges that I was told I would not have. Even when I cancelled the service, with no charges on the machine, the bill was $55.40. My salesman had a lot of excuses " the company didn't give me the small business rate they promised" " I am working on it" and so on.. Not that he did anything about it. I would have saved hundreds, if not thousands, by just using the square instead. I don't want any one else to make the mistake.

The sales reps who work for this company are flat out dishonest. [redacted] said I was not bound for any length of time to this company and it's services and when I called to cancel they told me that by signing their agreement I am bound for FIVE years or I can terminate for 750.00. This was never discussed with me and I would never have agreed to it. The fees are hard to keek up with and just keep coming...and they explain them away by saying all card companies as the same fees which is untrue. I am a small business and this company prays on my kind...I was approached after signing by several local business owners who warned of AdvoPays poor business ethic. So this is my warning...do not do business with these people.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], 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.
[redacted]

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.Regards,,[redacted]         on 7-11-13 company sales rep chuck [redacted] 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.       [redacted]

Revdex.com:
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.
 
At no such time was Ms. [redacted] misinformed about our
early termination fee nor was Ms. [redacted] ever provided an agreement that was
missing pages.  As a reminder, Ms. [redacted]
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. [redacted] 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[redacted] 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.
Our 60 day no mistakes no regrets policy is
communicated and provided within our welcome kit upon initial account
setup.  Additionally, Ms. [redacted] 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.
Ms. [redacted] has communicated with our customer service
department several times over the past two
and a half years as a customer. 
During these conversations Ms. [redacted] continually referenced the small
size of her business and the expenses that come with credit card
processing.  As Ms. [redacted] 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. [redacted] 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. [redacted]’s case, when these changes were
made and Ms. [redacted] 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.
In this section Ms. [redacted] 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!
Clearly Ms. [redacted] 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. [redacted]’s case, we communicated with her multiple times and made
adjustments accordingly.
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.
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 Revdex.com 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!
While Ms. [redacted] 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[redacted].
Regards,
[redacted]