Coastal Pay

To Whom It May Concern: Our firm has the pleasure of representing Coastal Pay Merchant Services (“Coastal”) This letter is in response to the September 12, Revdex.com consumer complaint # [redacted] (“Complaint”) made by Mr [redacted] (“Mr***”) on behalf of [redacted] (“***”) regarding electronic payment processing agreements between Mr [redacted] and CoastalThis letter will address Mr***’s allegations with the hopes of achieving an amicable resolution On or about August 22, 2016, Mr [redacted] met with a Coastal sales representative to discuss electronic payment services that Coastal could offerSubsequently, Mr***, on behalf of himself and ***, signed a Merchant Processing Agreement (“MPA”) to process electronic payments with First Data Merchant Services Corporation (“FDMS”), an equipment finance lease (“Lease”) for electronic payment processing equipment with Ascentium Capital LLC (“Ascentium”), and a Merchant Receipt Purchase Order (“MRPO”) with Coastal (collectively, “Agreements”)Upon credit approval and acceptance by FDMS and Ascentium, the equipment was shipped and later accepted by Mr*** The Agreements spell out the material terms of the Service provided by Coastal and the obligations of each partyIn several of the locations where the merchant signs the Agreements is a certification or acknowledgement that the merchant understands the terms of the Agreements or other related documentsAs soon as the account is set up for the merchant, Coastal helps the merchant install his or her new equipment via phone call and responds to any questions or concerns the new merchant may haveAfter making this phone call, Mr [redacted] expressed his desire to close his account and cancel the Agreements with CoastalThereafter on August 31, 2016, Mr [redacted] spoke with a Coastal manager and they subsequently agreed that Mr [redacted] would process electronic payments with Coastal until January On September 12, 2016, Mr [redacted] contacted Coastal wanting to cancel his Agreements Mr [redacted] alleges that the Coastal representative misled him into “signing a agreement for services that [he] did not agree to have them perform.” Furthermore, Mr [redacted] claims he was “lead to believe [he] was signing up for a social networking but I was signing an agreement for sales service.” However, Mr [redacted] has failed to present any facts or evidence to support these allegationsThe Agreements or any other binding documents between the parties do not coincide with Mr***’s allegations either Now Mr [redacted] desires for Coastal to terminate otherwise valid Agreements by merely paying “cancellation” fees that do not cover the cost of the AgreementsAlthough Mr [redacted] is free to cancel the Coastal Agreements when he would like, he will be subject to the cancellation fees as outlined in the AgreementsAs such, Coastal will show the following: 1) the validity and enforceability of the Agreements; 2) that there was no misrepresentation of the Agreements; 3) that Coastal is authorized to charge an early termination fee pursuant to the Agreements; and 4) an offer of resolution The Agreements entered into by Mr [redacted] and Coastal are valid and enforceableOffer, acceptance, and consideration are found in the Agreements, as Coastal offered its’ services in exchange for a monthly service fee from Mr***Further, Mr [redacted] is a sophisticated party as a business ownerAs such, he is held to a higher standard of business knowledge and legal principlesMoreover, every party, whether sophisticated or not, has the duty to read the AgreementsA written contract is the highest evidence of the terms of an agreement between the parties to itAs a result of this duty, a person who signs a written contract is bound by its terms regardless of his or her failure to read and understand its termsMr [redacted] was under a duty to read the terms of the Agreements and if he did not, that knowledge is imputed on him regardlessHere, Mr [redacted] has alleged nothing that would have excused him from reading the AgreementsFurthermore, the Agreements clearly show Mr***’s endorsement of the Agreements by signatureDirectly above or below every signature line is an acknowledgement or certification of what the merchant is signing, hence negating Mr***’s allegation of being misled on what the services wereTherefore, whether Mr [redacted] knew of the terms of the Agreements or not, the Agreements are valid and enforceable as to both parties involved Alternatively, Mr [redacted] alleges Coastal materially misrepresented terms of the Agreements; however, he has failed to provide any specific facts or evidence that material misrepresentation occurredBesides the arguments above confirming the validity and enforceability of the Agreements, the fact that Mr [redacted] signed the Agreements, clearly labeled as a lease, and accepted the new equipment without contention, makes an actionable material misrepresentation claim unlikelyMaterial misrepresentation requires more than just a broken promise or a breach of contractGenerally, a party alleging material misrepresentation must prove: a representation; its falsity; its materiality; the speaker's knowledge of its falsity or ignorance of its ***th; the speaker's intent that it should be acted upon by the person and in the manner reasonably contemplated; the hearer's ignorance of its falsity; the hearer's reliance upon its ***th; the right of the hearer to rely upon it; and the hearer's consequent and proximate injury or damageAlso, as you are making these claims with respect to a business, you must also particularize what was said or written by Coastal’s sales agent, and how these statements or writings contradict the written contracts you entered into Here, Coastal representatives did not defraud or misrepresent their intentions when meeting or speaking with Mr***Coastal proudly grounds itself and trains their employees in standard, proper business practices so as to avoid any material misrepresentation to merchantsPart of its training is to help Coastal representatives to avoid the pitfalls of intentional or innocent misrepresentation to merchants in offering its servicesIn addition, Coastal in no way fraudulently altered or changed the Agreements, nor did Coastal fraudulently persuade Mr [redacted] into signing themThere is no evidence indicating that Coastal intentionally and knowingly mislead Mr***, in any wayMr [redacted] has failed to provide any proof that the sales representative took affirmative steps to prevent him from reading the contracts or that Mr [redacted] felt pressured or threatened into signing the contractsAll material terms of the Agreements are clearly marked and should have been noted by Mr [redacted] Therefore, a claim for material misrepresentation against Coastal is unfounded It is also important to note that the Lease and the MRPO are separate agreements, which have no influence on the enforceability of one another As such, any decision to cancel the MRPO would not terminate the Lease and vice versaThe leasing company still holds the rights under the Lease and Coastal still holds the rights under the MRPOThe separation of each agreement is clearly disclosed in both agreementsAny further communications pertaining to the Lease should be made to leasing company directly In addition to the $early termination fee Mr [redacted] agreed to, the full balance of the electronic payment processing equipment would be dueMr [redacted] agreed that the equipment lease would be non-cancellable, and therefore cannot reasonably be surprised by his continuing obligation to make payments under the leaseWith respect to a commercial finance lease, a lessee’s (here, Mr***) contractual promise becomes “irrevocable and independent upon the lessee’s acceptance of the goods.” (UCC Art2A § 2A-407.) Here, the Lease for the equipment is a finance lease under the UCC because it was formed between two entities in the course of business (See UCC § 2A-subd(g).) Furthermore, Mr [redacted] accepted the equipment when it arrived at ***Upon this acceptance the lease became non-cancellableAdditionally, Coastal performed their side of the Agreements by opening a new merchant processing account and sending the equipment to ***Once Mr [redacted] signed the Agreements, he became subject to the terms and conditions of the Agreements, including any applicable early termination feesThe terms clearly state that he will have to pay the full term of the lease, plus any additional cancellation fees, if he were to cancel the Agreements prematurelyMr [redacted] is thus subject to the full term of the lease under the terms and conditions of the Agreements Ultimately, Coastal strives to provide great customer service to their merchants and would like to see a mutually beneficial resolution to this situationCoastal has attempted to work with Mr [redacted] in allowing him to process with Coastal until January so Mr [redacted] can experience lower rates in addition to the advanced technology, service, and support provided by CoastalIn the interest of achieving such a result, Coastal is willing to maintain this offer for Mr***Should you have any questions or concerns please do not hesitate to email me at [redacted] For the firm, /S/ [redacted]

To Whom It May Concern: Our firm has the pleasure of representing Coastal Pay, LLC (“Coastal”) This letter is in response to the Revdex.com complaint, # [redacted] (“Complaint”), regarding electronic payment processing agreements between [redacted] (“Ms [redacted] ”) of Bea-u-ty “n” You and CoastalThis letter will address the issues raised in that letter with the hopes of achieving an amicable resolution On or about January 29, 2016, a Coastal sales representative met with Ms [redacted] to discuss the electronic payment services that Coastal could offerShortly thereafter, Ms [redacted] , individually and on behalf of [redacted] ***, signed a Merchant Processing Agreement (“MPA”) to process electronic payments with First Data Merchant Services Corporation (“FDMS”), an Equipment Lease Agreement (“Lease”) for electronic payment processing equipment with [redacted] ***(“***”), and a Merchant Acknowledgement Agreement (“MAA”) with Coastal (collectively, “Agreements”)Upon credit approval and acceptance by FDMS and ***, the equipment was shipped and later accepted by [redacted] *** Now Ms [redacted] claims that she should be permitted to cancel the Agreements without paying any early termination fees because she feels that the Coastal sales representative misrepresented Coastal’s services However, this allegation is without merit The Agreements entered into are valid and enforceable Offer, acceptance, and consideration are found in the Agreements, as Coastal offered their services in exchange for a monthly service fee from Bea-u-ty “n” You It is well-established law that Ms [redacted] has the duty to read contracts in their entirety before signing them Failure to read a contract in detail before signing it is no defense to its enforceabilityOnce Ms [redacted] signed the Agreements, [redacted] became subject to the terms and conditions of the Agreements, including any applicable early termination fees Additionally, Coastal performed their duties by opening a new merchant processing account and sending equipment Nothing in the facts would indicate that Ms [redacted] was somehow prevented from reading the Agreements before signing them To the contrary, Ms [redacted] ’ initials appear in the corner of every page in the Agreements Section of the MPA, titled “Equipment/Third Party Information,” clearly states that Ms [redacted] was entering into a non-cancelable lease for equipment That same section also indicates that Ms [redacted] was applying to lease a Clover Mini terminal for forty-eight (48) months at fifty ($50) dollars per monthMs [redacted] ’ initials at the bottom of the page, along with the fact that the majority of figures on that page were handwritten, contradict Ms [redacted] ’ claims of ignorance Ms [redacted] also believes that she should be released from the Agreements because the Coastal sales representative “misrepresented his company and services ” but fails to provide any facts to support this claimCoastal did not defraud or misrepresent its intentions when meeting or speaking with Ms [redacted] Coastal proudly grounds itself and trains their employees in standard, proper business practices so as to avoid any material misrepresentation to merchantsPart of its training is to help Coastal representatives to avoid the pitfalls of intentional or innocent misrepresentation to merchants in offering its servicesIn addition, Coastal in no way fraudulently altered or changed the Agreements, nor did Coastal fraudulently persuade Ms [redacted] into signing themThere is no evidence indicating that Coastal intentionally and knowingly mislead Ms [redacted] , in any wayMs [redacted] has failed to provide any proof that the sales representative took affirmative steps to prevent her from reading the contracts or that Ms [redacted] felt pressured or threatened into signing the contractsAll material terms of the Agreements are clearly marked and should have been noted by Ms [redacted] Further, Ms [redacted] failed to cite a single statement that the Coastal representative made which was inconsistent with the terms of the Agreements she signedTherefore, a claim for misrepresentation against Coastal is unsupported Ms [redacted] does have the right to cancel the processing services with Coastal, at any time, but [redacted] will liable for any early termination fees in that eventThus, [redacted] is not exempt from early termination fees Further, Ms [redacted] claims that the credit card terminal was not programmed as guaranteedThis claim is also without meritIf there are issues with the financial equipment itself, the Agreements outline how to deal with these issues; termination of the Agreements is not the solution Coastal will gladly assist in resolving any concerns that might arise from equipment malfunction or upgrading Moreover, [redacted] also agreed, by signing the Agreements, that the equipment Lease would be non-cancellable, and therefore cannot reasonably be surprised by its continuing obligation to make payments under the LeaseWith respect to a commercial finance lease, a lessee’s contractual promise becomes “irrevocable and independent upon the lessee’s acceptance of the goods.” (UCC Art2A § 2A-407.) Here, the Lease for the equipment is a finance lease under the UCC because it was formed between two entities in the course of business (See UCC § 2A-subd(g).) Furthermore, Ms [redacted] accepted the equipment when it arrivedUpon this acceptance the contract became non-cancellable It is also important to note that the Lease and the MAA are separate agreements, which have no influence on the enforceability of one another As such, any decision to cancel the MAA would not terminate the Lease and vice versaThe leasing company still holds the rights under the Lease and Coastal still holds the rights under the MAAThe separation of each agreement is clearly disclosed in the Agreements Any further communications pertaining to the Lease should be made to leasing company directly Coastal regrets Ms [redacted] ’ decision to file this complaint, but strongly prefers a mutually beneficial resolution to this dispute Coastal values Ms [redacted] ’ business and would like to attempt to resume a business relationship Coastal would like to offer [redacted] a more competitive offer than what it initially agreed to in an effort to encourage Ms [redacted] to stay with Coastal [redacted] would still enjoy the advanced technology and service, but would also get even more competitive ratesIn any event, we hope Ms [redacted] will work with Coastal to find a positive resolutionShould Ms [redacted] have any further questions or concerns please do not hesitate to email [redacted] For the firm, [redacted]

Spoke to business owner regarding the complaintWe came to a satisfactory agreement and removed him from our call list

To Whom It May Concern: Our firm has the pleasure of representing Coastal Pay Merchant Services (“Coastal”) This letter is in response to the October 10, Revdex.com consumer complaint # [redacted] (“Complaint”) made by Mr [redacted] (“Mr***”) on behalf of [redacted] (“***”) regarding electronic payment processing services offered to Mr [redacted] by CoastalThis letter will address Mr***’s allegations with the hopes of achieving an amicable resolutionAs a standard business practice, a Coastal phone representative will call a merchant and ask if an authorized representative would like to meet with a Coastal sales representative to discuss the electronic payment services that Coastal can offer Shortly thereafter, the merchant will meet with a Coastal sales representative at a time convenient for the merchant to learn more about Coastal’s servicesMr [redacted] alleges that he repeatedly told Coastal that he was not interested in their services and to not call againCoastal abides by its long-standing business operating proceduresConsistent with these operating procedures is training its representatives to avoid any customer dissatisfaction or annoyanceCoastal flatly rejects, and Mr [redacted] has not provided any such evidence to prove herewith, intentionally repeating to call Mr***’s business to harass himCoastal prides itself in respecting the wishes of its customers and potential customersCoastal has a strict “Do Not Call” policy (DNC) for merchants who request itThis DNC list is constantly revised and updated so as to avoid repeat calls and annoying merchantsAdditionally, Coastal runs on efficient and effective business procedures and does not wish to waste time or resources on potential clients who are not interested in Coastal’s servicesCoastal’s main goal is to provide customer satisfaction to its clients and potential clientsHowever, because of the nature of the electronic payment processing business, it is very likely that potential clients receive four to six calls (or more) a day from similar businesses trying to solicit their servicesMany of these businesses use the same or similar namesThus, it’s likely that Mr [redacted] received calls from one or more of Coastal’s competitorsMoreover, it should be noted that the DNC list updated constantly, but may take some time in refreshing the list through the systemAs a token of resolution, Coastal would like to offer [redacted] a competitive offer of Coastal’s services and form a business relationship with Mr*** [redacted] would enjoy the advanced technology and service, but would also get even more competitive ratesCoastal prides itself upon widespread customer satisfaction and will gladly facilitate a mutually beneficial resolution regardless of Mr***’s decisionFurther, Coastal will confirm that Mr [redacted] and his business are on the DNC list, so as to avoid any more frustration for Mr***Should Mr [redacted] have any questions or concerns please do not hesitate to email me at [redacted] For the firm, /S/ [redacted] Global Legal Law Firm JCH/ksc

After reviewing the statementWe are not charging e merchant view, debit access fee, wireless fee, and we lowered the monthly minimum from $to $We also noticed that the customer has never processed anything yet fees are being requested to be refunded

To Whom It May Concern: Our firm has the pleasure of representing Coastal Pay, LLC (“Coastal”). This letter is in response to the Revdex.com complaint, #***, regarding electronic payment processing agreements between Mr*** *** (“Mr***”) of *** *** *** Tires and Wheels LLC
(“*** ***”) and CoastalThis letter will address the issues raised in that letter with the hopes of achieving an amicable resolutionOn or about June 21, 2016, Coastal contacted *** *** and asked if an authorized representative would like to meet with a Coastal sales representative to discuss the electronic payment services that Coastal could offer. Shortly thereafter, Mr***, individually and on behalf of *** ***, signed a Merchant Processing Agreement (“MPA”) to process electronic payments with First Data Merchant Services Corporation (“FDMS”), an Equipment Lease Agreement for electronic payment processing equipment with First Data Global Leasing, Inc(“FDGL”), and a Merchant Acknowledgement Agreement (“MAA”) with Coastal (collectively, “Agreements”). Upon credit approval and acceptance by FDMS and FDGL, the equipment was shipped and later accepted by *** ***. Mr*** now alleges that Coastal has not delivered the “promises” made to him and is requesting to cancel his Agreements prematurely without any cancellation feesThe Agreements entered into are valid and enforceableOffer, acceptance, and consideration are found in the Agreements, as Coastal offered their services in exchange for a monthly service fee from *** ***Mr*** is a sophisticated business party who entered into a commercial contract on behalf of *** ***It is well-established law that Mr***’s duty to read contracts in their entirety before signing them is imputed on him. Once Mr*** signed the Agreements, Mr*** became subject to the terms and conditions of these Agreements, including any applicable early termination fees. Additionally, Coastal performed their duties by opening a new merchant processing account and sending equipmentThe terms of the Agreement clearly state that Mr*** will be subject to any applicable early termination fees if he were to cancel the Agreements prematurelyMr*** is thus subject to the terms and conditions of the AgreementsIt is also important to note that the Lease and the MAA are separate agreements, which have no influence on the enforceability of one another. As such, any decision to cancel the MAA would not terminate the Lease and vice versaFDGL still holds the rights under the Lease and Coastal still holds the rights under the MAAThe separation of each agreement is clearly disclosed in both agreementsAny further communications pertaining to the Lease should be made to FDGL directlyMr*** alleges that Coastal materially misrepresented terms of the Agreements by not delivering the promises that were made to him and by failing to disclose additional charges associated with his equipment leaseFirst, if these allegations refer to the sales agent making oral promises which contradicted the terms of the Agreements, it will not hold up in courtThe “parol evidence rule” bars extrinsic oral agreements made before the signing of the Agreements to add to the terms of an unambiguous integrated written instrumentEach and every material term to which Mr*** is subject is written in the Agreements and were signed and initialed by Mr***Here, Mr*** is subject to these terms regardless of whether he actually read the Agreements, and any extrinsic statements that contradict the terms of the Agreements are inadmissible under the parol evidence ruleBesides the arguments above confirming the validity and enforceability of the Agreements, the fact that Mr*** signed the Agreements and accepted the new equipment without contention, makes an actionable material misrepresentation claim unlikelyMaterial misrepresentation requires more than just a broken promiseAlso, as Mr*** is making these claims with respect to a business, he must prove how these statements contradict the written contracts he entered intoMr*** also complains that his account is missing a deposit due for his August 8, daily sales in the amount of $Coastal maintains a log of all communications, and the notes pertaining to this issue indicate that Coastal was first made of aware of this issue by Mr*** on August 10, 2016, one day before Mr*** filed his complaintSince then Coastal has been working with Mr***, FDMS, and Mr***’s bank to investigate why this issue occurred and to ensure that Mr***’s account is promptly credited the outstanding amount owedUltimately, Coastal is committed to customer satisfaction and a mutually beneficial business relationshipCoastal is willing to work with Mr*** and correct any errors within their powerIf Mr*** desires to resume his Coastal account, he may do so while still using the financial equipment and enjoying Coastal’s superior technology and serviceIn any event, we hope that Mr*** will reconsider his request to cancel his account, and work with Coastal to find a positive resolutionShould Mr*** have any further questions or concerns please do not hesitate to email me at *** For the firm, /s/ *** ** *** ***
Global Legal Law Firm ***

Hello *** ***, Hope your day is going wellNow that we have been provided your information, we will gladly take you off of our lead listThank you

The agent was at the business for hours which is standardThe merchant did want lower rates and when I spoke with him the first time, he confirmed that

I have left mesages to resolve this and have not recieved a call back

Revdex.com:
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 legal response is contractually correct, however, I have emails back and forth with *** ***, the sales rep who said I had to sign this document which turned out to be the contract before they could do a quote(My mistake for trusting and not fully reading it and having my lawyer look it over.) Several of the emails point out discrepancies between what I was told and what actually occurred I have another emails to and from *** ***, CFO Coastal pay trying to work out the difference between what was promised and what actually was possible with their system It does not integrate with Quickbooks It does not track sales stats It's fine for a coffee shop or restaurant I suppose but is far short of what a retail store needs I'm sure I will be forced to endure the contract, but people who are looking at this system should know, in my experience, their representatives lie, it is not suitable for a retail store, the apps they promised still don't exist now years after our discussions, and, instead of doing the right thing and canceling a contract since they can't do as promised in emails or on phone calls, they get the legal team on it to bully small businesses from moving further.Here is a copy of just one of those emails;I appreciate that you think you're doing something. You're company has made so many promises and done nothing that effects it being able to work with me. I will no longer wait for call backs from a mystery VP who was going to call me back 2-days ago, nor your promises to do things. It has been months!!!!!!!! Not acceptable. You've not provided me with a contract. I only have the lease agreement for equipment. Under section of this lease agreement, since equipment was not received in a usable manor, the contract is void! I have zero evidence that you are not stalling me to get more money from my account, as has been the case thus farYou are very nice in person but ineffective. Four months, over a thousand dollars and days being taken up trying to work this out with you is more than patientI have my lawyer looking in to fraud charges today. No more stalling! Your company takes money and provides no service; fraud! You should contact first data and advise them to refund my money before the investigation begins. I have sent what little documentation I have to my lawyer along with a log of phone calls, conversations, and emails. You were unable to make your machine work with ours, as promisedYour set up will not network as promisedIf we process anything with you, the contract is in force. It is not, according to first data and any other resource we have contacted as long as we have not used the equipment the contract is not valid You did not hold the contract until we were able to work things out, as promisedThe number seldom reaches anyone and when it does, I eventually get transferred to a dead line, repeatedly.Revdex.com complaint # *** ***, ownerPeople should be aware this is not a company to trust with your business needs
Regards,
*** ***

Hello *** ***,
Hope your day is going wellNow that we
have been provided your information, we will gladly take you off of our lead listThank you

Dear ***,
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Thank you for bringing this to our attentionThis issue will be handled immediatelyWe apologize for any inconvenience we may have caused you and your businessYour number will be removed from our calling list
Thank you again

Called the merchant last week, he is out of townWill resolve when he gets back this week

These people called my Business repeatedly today fast talking about how they were coming out to inspect my merchant machineI told them no thank you and they just kept talking about how I will be in trouble if I don't let them inspect it.So I finally just hung up and they called back three more timesI asked the person for his name and phone number so I could call him back at a better time and he said his name was *** and gave me a #760-438-which is to a Carlsbad,CA Domino's pizza storeI called the # on there website, 888-266-and BIG shock, they couldn't locate anybody that worked there by that nameIt's a mystery I guess

To Whom It May Concern: Our firm has the pleasure of representing Coastal Pay Merchant Services (“Coastal”). This letter is in response to the April 18, Revdex.com consumer complaint response #*** (“Complaint”) made by Ms*** *** (“Ms***”) on behalf of *** *** (“*** ***”) regarding electronic payment processing agreements between Ms*** and CoastalThis letter will address Ms***’s response with the hopes of achieving an amicable resolutionTo reiterate the facts, on or about January 21, 2016, Ms*** met with a Coastal sales representative to discuss electronic payment services that Coastal could offerSubsequently, Ms***, on behalf of herself and *** ***, signed a Merchant Processing Agreement (“MPA”) to process electronic payments with First Data Merchant Services Corporation (“FDMS”), an equipment finance lease (“Lease”) for electronic payment processing equipment with *** *** *** ***(“NLS”), and a Merchant Acknowledgement Agreement (“MAA”) with Coastal (collectively, “Agreements”)Upon credit approval and acceptance by FDMS and NLS, the equipment was shipped and later accepted by Ms***. Ms*** has alleged that the Coastal representative promised her that Coastal would pay the remaining balance owed by her previous processorHowever, as mentioned previously, the Agreements or any other binding documents between the parties do not support this allegationImportantly, Ms*** is a part of a multi-merchant account, connected back to one main accountAlthough it can be neither confirmed nor denied, if there is a “buy-out” provision it will apply to the holder of the main accountSince, Ms*** is not the main account holder, she does not qualify for the “buy-out” provision, supposing it was offeredFurthermore, Ms*** now states that she has “text” confirming a buy-out provision for her accountAlthough Coastal is willing to honor it if the “text” is legitimate, it must first be verified and pass the test of contract modificationFor the sake of clarity, Coastal will discuss the allegations again belowOnce again, the Agreements entered into by Ms*** and Coastal are valid and enforceableOffer, acceptance, and consideration are found in the Agreements, as Coastal offered its’ services in exchange for a monthly service fee from Ms***Additionally, the Agreements contain a merger clause, which limits the terms of the Agreements to what is in the contractThe Agreements state, “NO ALTERATIONS OR STRIKE-OUTS TO THE AGREEMENT WILL BE ACCEPTED.” Any oral or other agreements unilaterally modifying the Agreements are invalidMs***’s allegation that the Coastal representative said Coastal would pay for previous processing fees is not included in the Agreements and cannot by simple allegation that an oral statement has been made be incorporated to the Agreements Alternatively, Ms*** alleges that she has “text” supporting Coastal’s promise to buy-out her previous merchant accountHowever, modification will be strictly scrutinized, as there is a merger clauseMoreover, both parties must agree to the modification of the Agreements and evidence supporting that must be manifestCoastal will gladly review the “text” to assure legal modification took placeAt any rate, Coastal can neither confirm nor deny the authenticity of the “text” but will review it for Ms***All in all, Coastal has performed its side of the Agreements by opening a new merchant processing account for Ms***Once Ms*** signed the Agreements, she became subject to the terms and conditions of the Agreements, including any applicable early termination feesThe terms clearly state that she will have to pay the applicable cancellation fees if she were to cancel the Agreements prematurelyAs a reminder, it is also important to note that the Lease and the MAA are separate agreements, which have no influence on the enforceability of one another. As such, any decision to cancel the MAA would not terminate the Lease and vice versaNLS still holds the rights under the Lease and Coastal still holds the rights under the MAAThe separation of each agreement is clearly disclosed in both agreementsAny further communications pertaining to the Lease should be made to NLS directlyUltimately, Coastal strives to provide great customer service to their merchants and would like to see a mutually beneficial resolution to this situationIn the interest of achieving such a result, Coastal is still willing to give Ms*** better rates if Ms*** agrees to resume processing with CoastalIn that event, *** *** would be receiving even lower rates in addition to the advanced technology, service, and support provided by CoastalAdditionally, if Ms*** has the alleged documents tending to prove there was an agreement for Coastal to pay for previous processing fees, Coastal will gladly review and consider themShould you have any questions or concerns please do not hesitate to email ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved
Regards,
*** ***

We have spoken with the merchant and came to an agreement

This client has asked for a higher reimbursement that was on the contractThere was no cancellation written on the contract

Have been in contact with this merchantA contract was signed and he was also given a rate match guaranteeWe can honor the rate match guarantee if requested

To Whom It May Concern:
Our firm has the pleasure of
representing Coastal Pay Merchant Services (“Coastal”). This letter is in response to the April 6,
Revdex.com consumer complaint #***
(“Complaint”) made by Ms***
*** (“Ms***”) on behalf of *** *** (“*** ***”) regarding
electronic payment processing agreements between Ms*** and CoastalThis
letter will address Ms***’s allegations with the hopes of achieving an
amicable resolution
On or about January 21, 2016,
Ms*** met with a Coastal sales representative to discuss electronic
payment services that Coastal could offerSubsequently, Ms***, on
behalf of herself and *** ***, signed a Merchant Processing Agreement
(“MPA”) to process electronic payments with First Data Merchant Services
Corporation (“FDMS”), an equipment finance lease (“Lease”) for electronic
payment processing equipment with *** *** *** ***(“NLS”), and a
Merchant Acknowledgement Agreement (“MAA”) with Coastal (collectively, “Agreements”)
Upon credit approval and acceptance by FDMS and NLS, the equipment was shipped
and later accepted by Ms***.
Ms*** alleges that the
Coastal representative promised her that Coastal would pay the remaining
balance owed by her previous processorHowever, the Agreements or any other
binding documents between the parties do not support this allegation
Importantly, Ms*** is a part of a multi-merchant account, connected back
to one main accountAlthough it can be neither confirmed nor denied, if there
is a “buy-out” provision it will apply to the holder of the main account
Since, Ms*** is not the main account holder, she does not qualify for
the “buy-out” provision, supposing it was offeredNow Ms*** desires for
Coastal to pay for her previous processor’s cancellation fees, or,
alternatively, cancel with Coastal without any cancellation feesAlthough Ms***
is free to cancel the Coastal Agreements when she would like, she will be
subject to the cancellation fees per the AgreementsFurthermore, Coastal is
not responsible for the previous processor’s cancellation fees per the
AgreementsAs such, Coastal will show the following: 1) the validity and
enforceability of the Agreements, 2) the integration and completeness of the
Agreements, 3) that Coastal is authorized to charge an early termination fee pursuant
to the Agreements, and 4) an offer of resolution
The Agreements entered into by
Ms*** and Coastal are valid and enforceableOffer, acceptance, and
consideration are found in the Agreements, as Coastal offered its’ services in
exchange for a monthly service fee from Ms***Further, Ms*** is
a sophisticated party as a business ownerAs such, she is held to a higher
standard of business knowledge and legal principlesMoreover, every party,
whether sophisticated or not, has the duty to read the AgreementsA written
contract is the highest evidence of the terms of an agreement between the
parties to itAs a result of this duty, a person who signs a written contract
is bound by its terms regardless of his or her failure to read and understand
its termsMs*** was under a duty to read the terms of the Agreements
and if she did not, that knowledge is imputed on her regardlessHere, Ms***
has alleged nothing that would have excused her from reading the Agreements
Furthermore, the Agreements clearly show Ms***’s endorsement of the
Agreements by signatureTherefore, whether Ms*** knew of the terms of
the Agreements or not, the Agreements are valid and enforceable as to both
parties involvedThe Agreements contain a
merger clause, which limits the terms of the parties’ Agreements to what is in
the contractThe Agreements state, “NO ALTERATIONS OR STRIKE-OUTS TO THE
AGREEMENT WILL BE ACCEPTED.” Any oral or other agreements unilaterally modifying
the Agreements are invalidMs***’s allegation that the Coastal
representative said Coastal would pay for previous processing fees is not
included in the Agreements and cannot by simple allegation that an oral
statement has been made be incorporated to the AgreementsAs such, Coastal has
performed its side of the Agreements by opening a new merchant processing
account for Ms***Once Ms*** signed the Agreements, she became
subject to the terms and conditions of the Agreements, including any applicable
early termination feesThe terms clearly state that she will have to pay the applicable
cancellation fees if she were to cancel the Agreements prematurely
Ms*** also alleges that
there were “hidden fees” and that the Coastal representative said there would
be “no cancellation fees” to leave the AgreementsHowever these oral
allegations, without more, are insufficient to validate themselves and become
incorporated into the AgreementsCoastal proudly grounds itself and trains their
employees in standard, proper business practices so as to avoid any
misrepresentation to merchantsPart of its training is to help Coastal
representatives to avoid the pitfalls of intentional or innocent
misrepresentation to merchants in offering its servicesIt is also important to note
that the Lease and the MAA are separate agreements, which have no influence on
the enforceability of one another. As
such, any decision to cancel the MAA would not terminate the Lease and vice
versaNLS still holds the rights under the Lease and Coastal still holds the
rights under the MAAThe separation of each agreement is clearly disclosed in
both agreementsAny further communications pertaining to the Lease should be
made to NLS directlyUltimately, Coastal strives to
provide great customer service to their merchants and would like to see a
mutually beneficial resolution to this situationIn the interest of achieving
such a result, Coastal is willing to give Ms*** better rates if Ms***
agrees to resume processing with CoastalIn that event, *** *** would be
receiving even lower rates in addition to the advanced technology, service, and
support provided by CoastalAdditionally, if Ms*** has any documents
tending to prove there was an agreement for Coastal to pay for previous
processing fees, Coastal will gladly review and consider themShould you have
any questions or concerns please do not hesitate to email
***