Coastal Pay

Left a message with the merchant to address her concerns

We have talked to the merchant regarding the program he signed up forHe does not want to switch systems but does want better ratesWe have not come to a mutual agreement

Dear ***,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

Revdex.com:
I have reviewed
the response made by the business in reference to complaint ID ***
[He did try to call me today however I did not have time to take his callI will try to call him back but stating that it wasn't his company is untrue I called the number back on my caller ID and it went to Coastal Pay - the Name on the ID was Coastal PayI spoke to one of his supervisors and was told that his callers make a lot of calls and its a fierce competition and "i'm sorry if they get a little reved up" was his statement to me Bottomline is this - you don't tell a business you are going to hurt their business just because you don't want to change merchant services That is very unethicalI am happy to talk to Mr***, however it was not him personally, so I do not see what type of resolution is going to be amicableIt just needs to end and he needs to know his staff his using unethical tactics to get businesses signed up for Coastal Pay I get he is in a very competitive market but that's just not a way to do business.
I will try to call him in the morning
Regards,
*** ***

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
Here's some of what happened and why I feel the way I do and continue to fight this.I have attached the Coastal pay guarantee that was sent to me on January 29, In that document it states that if I am loosing money within the years I can cancel the processing agreement with no cancellation feeHere how I am loosing moneyWhen I received the equipment it was not working the way *** told us it wouldI called him that night and also talked with *** and clover on a three way callI refuse to pay more and I want to cancelAlso, That night *** tol me she would have *** get a hold of meNever heard a word*** came up the next morning and was in the salon for almost hours and didn't have the register working the way I was told it would workHe was on the phone with whoever trying to figure it out and using the help tabHe left that day with me waiting on how to use the register the way I wanted it toWhich he had said he understood what I was wanting from the start but still cant seem to figure it outNO, I don't want anyone spending money on the apps to make it workThis should have been explained up front for all the features I wanted would cost moreAlso, I lost money the days that I had it hooked up in my business because I wasn't going to use something that wasn't working 100% the way I wanted it toI'm not training employees on a software that isn't working the way I was told it would*** has been helpful to try and figure this out, but he has been told he isn't allowed to talk to us anymoreAlso, take a look at the bottom of the attached document I sent with this emailIf I contact within days to cancel I can cancel it as wellWhen I was told it only take a couple of days to get the paperworkWhen I contacted *** saying I still haven't received paperwork and I'm beingging to think this is a scam and I'm gonna cancel itHE said no, no, your not gonna get burned in this, I don't play those games and no matter what there are ways out of itI continued to contact him everyday until I got this paperworkit didn't take days to get to meI did the paperwork with *** on January 29, and I didn't get the copied until Feb 8, There is a lot that happened in the mean time as wellSuch as *** would stop in randomly for really no reasonEach time he had stop there was other staff in the business that heard how he wasOffering me valium because I was hounding him about paperworkValium is a drug and joke or not this is not okayOne of his days that he was in the area he came into the business times, during that time he was saying how he believes that he works better drunkHe has offered valium to me three different timesHe also bummed cigarettes from an employee of mine because I was making him stressed to smoke, My employee said that she offered him the cigarettes to him because she felt really uneasy around himThe day we did the paperwork I asked to make copies and he said no need cause you will return copies to me in two days and doesn't play those gamesEverytime he has enter the business there has been other staff there that has witness this and said how wrong this is.Regards,
*** ***

Revdex.com:I have reviewed the response made by the business in reference to complain ID ***.There still remains lack of understanding by their legal team as they said: "Coastal flatly rejects, and Mr*** 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 customers."At no point did the original complaint indicate that they attempted to repeatedly call The difficulty was in getting them to confirm being placed on a DNC list Based on the companies response this should have been quite simple if their employees were following these guidelines
I mark this complaint as resolved on the condition that we are indeed placed on a DNC list, and there is no further contact from Coastal or any of their representatives
Regards,
*** ***

To Whom It May Concern:
"text-align:*ustify;text-*ustify:inter-ideograph;
line-height:115%;tab-stops:0in .5in 1.0in 1.5in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in">
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 Ms*** *** (“Ms***”)
of Eve Beauty Salon (“EBS”) and CoastalThis letter will address the issues
raised in that letter with the hopes of achieving an amicable resolution
On or about September 8, 2015, a Coastal phone
representative called EBS 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, Ms*** met with a
Coastal sales representativeMs*** individually and on behalf of EBS 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”). On
September 16, 2015, Ms*** called in wanting to cancel her applicationWhen
Ms*** was asked why she replied that she was dissatisfied with the service
and having a gut feeling that she should cancel
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 EBSMs***
is a sophisticated business party who entered into a commercial contract on
behalf of EBSIt is well-established law that Ms***’s duty to read
contracts in their entirety before signing them is imputed on her. Once Ms*** signed the Agreements, Ms***
became sub*ect 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 clearly state that she will
have to pay any cancellation fees, if she were to cancel the Agreements
prematurelyMs*** is thus sub*ect to the terms and conditions of the Agreements
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 versaFDGL still holds
the rights under the Lease and Coastal still holds the rights under the MAA
The separation of each agreement is clearly disclosed in both agreementsAny
further communications pertaining to the Lease should be made to FDGL directly
Ms*** implies Coastal materially misrepresented
terms of the Agreements; however, she 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 Ms*** signed the Agreements and accepted the new equipment without
contention, makes an actionable material misrepresentation claim unlikelyMaterial
misrepresentation requires more than *ust a broken promise or a breach of
contractAlso, 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 Ms***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*** into signing themThere
is no evidence indicating that Coastal intentionally and knowingly mislead Ms
***, in any wayMs*** has failed to provide any proof that the sales
representative took affirmative steps to prevent her from reading the contracts
or that Ms*** felt pressured or threatened into signing the contractsAll
material terms of the Agreements are clearly marked and should have been noted
by Ms***Ms*** contention that the contract was inconsistent with the
representation by the Coastal agent we have found no evidence of anything that
contradicts the written contracts other than Ms***’s sub*ective
interpretation of the clear terms. Ms
*** cannot rely on her lack of understanding or failure to read the Agreements
to be held unaccountableTherefore, a claim for material misrepresentation
against Coastal is baseless
Ms*** further alleges that because she signed the Agreements
it does not make the contract legally binding between Coastal and EBSWhen an
agent (Ms***), acting with the authority of the principal (EBS), enters into
a contract with a third party (Coastal), that contract will be binding as if
the principal agreed to the contact with the third party itselfFurthermore,
even if the principal’s authority was not explicitly given to the agent, if the
third party reasonably believed that the agent was acting for the principal,
the contract will still be considered legally bindingHere, Ms*** alleges
that a Coastal representative walked her through signing the contractMs***
did not oppose to signing the contract, signed with apparent authority, which
the Coastal representative reasonably believed she had the authority to doAdditionally
Ms*** of EBS claims that she is not the owner of the business, however she
claimed the title of owner as noted on the Agreements and supplied the Coastal
representative with a voided company checkFurthermore, she makes claims that
she did not know she was signing an electronic payment processing agreement
despite the fact that she had been well aware of the nature of the business
conversationShe even contradicts herself about being at least one of the
owners in her complaintAvoidance of this issue would be simple in disallowing
Ms*** to never sign anything for the companyThat is not what happened
hereTherefore, the fact that Ms*** signed for EBS is of no consequence on
the validity of the contract
Ultimately, Coastal is committed to customer
satisfaction and a mutually beneficial business relationship. Coastal is willing to work with Ms*** and
correct any errors within their powerIf Ms*** desires to resume her Coastal
account, she may do so while still using the financial equipment and enjoying
Coastal’s superior technology and serviceIn any event, we hope that Ms*** will
reconsider her cancellation, and work with Coastal to find a positive resolution
Should Ms*** have any further questions or concerns please do not hesitate
to email ***.
For the firm,
/s/
*** *
***, EsqGlobal Legal Law
Firm
*CH/ksc

To Whom It May Concern:
1.5in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in">
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 offered
Now 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 involved
The 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 services
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 directly
Ultimately, 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
***

Revdex.com:
Thank you for adding our company to the DNC list This is all that I wanted
Regards,
*** ***

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.
I read the contract in full and I am aware that them agreeing to pay the previous merchant off was not in the contractI do have proof of him saying he mislead us and told us wrongI made sure he sent it in text because I figured that that would be the responseIf a company has good customer service they would would go to the root of the source who made these promises and handle it from thereI am not interested in getting better ratesI simply just want the issue at hand resolvedI was hoping things would get handled this way but I will have to take further actionI'm aware that it's not coastal pays fault, unless they train their employees to screw people over,but it was their employee so if they didn't want a bad name for them selves they should take action for their employees wrong doing.
Regards,
*** ***

To Whom It May Concern:
class="MsoNormal" "text-align:justify;text-justify:inter-ideograph">Our firm has the pleasure of representing Coastal Pay Merchant
Services (“Coastal”). This letter is in
response to a December 10, letter, #***, regarding electronic payment
processing agreements between, Mr*** *** of Snazzy Pet Bed and
Biscuit (“Snazzy”) and CoastalThis letter will address the issues raised in
that letter with the hopes of finding an amicable resolution
On or about October 21, 2015, a Coastal phone
representative called Snazzy 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*** met with a Coastal representative to
discuss electronic payment servicesMr*** individually and on behalf
of Snazzy signed a Merchant Processing Agreement (“MPA”) to process electronic
payments with First Data Merchant Services Corporation (“FDMS”), an equipment
finance lease for electronic payment processing equipment (“Lease”) with First
Data Global Leasing (“FDGL”), and a Merchant Processing Agreement (“MAA”) with Coastal
(collectively, “Agreements”). Upon
credit approval and acceptance by FDMS and FDGL, the equipment was shipped and
later accepted by SnazzyAt the time of the signing of the Agreements, Mr
*** alleges that he was promised that there would be no contract or fees
for the electronic payment processing equipmentFurther, he alleges that the
Coastal representative “bold face lied and guaranteed” certain services or
features of the service to Mr***However, Coastal will show the
following: 1) the Agreements Mr*** signed are valid and enforceable; 2)
any extrinsic oral statements are inadmissible as a matter of law; 3) Coastal
was and is authorized to debit Mr***’s account and applicable cancellation
fees apply; and lastly 4) Coastal will extend an offer of a resolution
The Agreements entered into are valid and enforceable
There was an offer by Coastal, an acceptance of that offer by Snazzy through
the signed Agreements, and consideration as required by contract law, as
Coastal offered its services in exchange for a monthly service fee from Mr***
Further, Mr***, President of Snazzy, is a sophisticated party as a
business ownerAs such, he is held to a higher standard of business knowledge
and legal principlesUnder relevant law, courts will almost always uphold the
agreements between two sophisticated partiesMr*** will be held
accountable to the agreement he made with Coastal, which were the fees for the
merchant account services as well as the LeaseThus, due to the status of the
parties, court will uphold the validity of the Agreements
Moreover, any party, whether sophisticated or not, has
the duty to read the AgreementsA party’s failure to read a contract is not an
excuse and does not nullify a contractAs a sophisticated party or not Mr***
was under a duty to read the terms of the Agreements and if he did not, that
knowledge is imputed on him regardlessHere, Mr*** has alleged
nothing that would have excused him from reading the AgreementsOn the
contrary, Mr***’s signature and initials appear seven (7) times on the
disputed AgreementNevertheless, whether Mr*** knew of the terms of
the Agreements or not, the Agreements are valid and enforceable as to both
parties involved
Additionally, Mr*** alleges that he was told there
wouldn’t be a contract or fees associated with his agreement with CoastalYet,
this allegation undermines Mr***’s own actions of signing the
Agreements, including the clearly labeled Lease of financial equipment
Moreover, if this allegation refers to the sales agent making oral promises,
which contradicted the terms of the Agreements, it will not hold in courtThe
“parol evidence rule” bars extrinsic oral agreements made before or at the time
of 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, which was signed by Mr***The exception to this rule
would be an allegation of misrepresentation or fraud (discussed below), yet
that allegation is unfounded based on Mr***’s allegationsAs
explained above, 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 rule
Therefore, the Agreements are valid and enforceable
As Mr*** puts it, the Coastal representative
“bold face lied and guaranteed” Mr*** certain thingsIn other words, he
alleges material misrepresentation occurred as the Coastal representative
presented him the serviceMaterial misrepresentation requires more than just a
broken promise or a breach of contractUnder most jurisdictions, a party
alleging misrepresentation must prove: (1) A representation; (2) which is material
to the transaction; (3) made falsely, with knowledge of its falsity or
recklessness as to whether it is true or false; (4) with the intent of
misleading another into relying on it; (5) justifiable reliance on the
misrepresentation; and, (6) the resulting injury was caused by the reliance
Also, these claims, with respect to a business, must particularize what was
said or written by Coastal’s representative, and how these statements or writings
contradict the Agreements Mr*** entered into
Here, there is no specific evidence that material
misrepresentation occurredBesides the arguments above confirming the validity
and enforceability of the Agreements, the fact that Mr*** signed the
Agreements with knowledge of the material terms, accepted the financial
equipment and account opened in his name, and used Coastal’s services for
almost two months, makes an actionable material misrepresentation claim
unlikelyCoastal representatives did not defraud or misrepresent their
intentions when relaying the services to Mr***Coastal proudly
grounds itself and trains its employees in standard, proper business practices
so as to avoid any material misrepresentation to customersPart of its
training is to help Coastal representatives to avoid the pitfalls of
intentional or innocent misrepresentation to customers in offering its’
servicesIn addition, Coastal in no way fraudulently altered or changed the
Agreements, nor did Coastal fraudulently persuade Mr*** into signing
themOn the contrary, Mr*** admits it was busy the day he signed the
Agreements and that he should have asked the Coastal representative to come at
a later timeUnfortunately, however, he did not and he bound himself to the
AgreementsThere is no evidence that the Coastal representative took
affirmative steps to prevent him from reading the Agreements or that Mr***
felt threatened into signing the AgreementsAll material terms of the
Agreements are clearly marked and could have been noted by Mr***
Therefore, a claim for material misrepresentation against Coastal is unlikely
Mr*** alleges that Coastal has been
withdrawing from Snazzy’s bank accountHowever, Coastal is authorized by and
through the Agreements to charge Snazzy for the services rendered to itAgain,
the terms of the Agreements speak to this allegationThe Confirmation Page of
the Agreements under Paragraph two clearly state, “We may debit you account
from time to time for amounts owed to us under the Agreement.” Because Mr
*** opened his account on October 21, 2015, Coastal was entitled to
withdraw payment from MsParker as soon as that dateCoastal was entitled to
the payment because Mr*** consented to this provision from the moment
he agreed to the termsThus, Coastal was authorized to charge Mr***
for Coastal’s services
Additionally, Coastal performed its side of the
Agreements by opening a new merchant processing account and sending the
equipment to SnazzyOnce Mr***
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 prematurelyAs
established above, Mr*** is thus subject to the full term of the Lease
under the terms and conditions of the Agreements
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 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 directly
Mr*** now seeks to terminate the Agreements
with CoastalPursuant to the terms of the Agreements, the right and opportunity
to cancel is available to Mr***Merchants may cancel at any timeAn
important detail to the cancellation provision however is that it follows the
process laid out in the AgreementsMoreover, although he is free to cancel the
Agreements at any time, he is and will be subject to the terms of the
AgreementsDue to signing the Agreements on behalf of himself and Snazzy, Mr***
has agreed to the terms set forth by CoastalThe 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 prematurely
Ultimately, Coastal’s priority is customer serviceAs
such, Coastal would like to offer Snazzy a more competitive offer than what it
initially agreed to in an effort to encourage Mr*** to stay with Coastal.
Snazzy would still enjoy the advanced technology and service, but would
also get even more competitive ratesOn the other hand, Coastal is willing to
work out any documented errors that Mr*** could provide to Coastal
Coastal prides itself upon widespread customer satisfaction and will gladly
facilitate a mutually beneficial resolution regardless of Snazzy’s decisionShould
Mr*** have any further questions or concerns please do not hesitate to
email j***@attorneygl.com.
For the firm,
/s/
*** C
***, Esq
Global Legal Law
Firm
JCH/ksc

To Whom It May Concern:
class="MsoNormal" "text-align:justify;text-justify:inter-ideograph">Our firm has the pleasure of representing Coastal Pay Merchant
Services (“Coastal”). This letter is in
response to the November 24, letter, #***, regarding electronic
payment processing agreements between Ms*** *** of Shake Your Day (“SYD”)
and CoastalThis letter will address the issues raised in that letter with the
hopes of achieving an amicable resolution
On or about November 2, 2015, a Coastal phone
representative called SYD 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, Ms***, individually and on behalf of SYD, signed
a Merchant Processing Agreement (“MPA”) to process electronic payments with
First Data Merchant Services Corporation (“FDMS”), an equipment finance lease
for electronic payment processing equipment (“Lease”) with First Data Global
Leasing (“FDGL”), and a Merchant Processing Agreement (“MAA”) with Coastal
(collectively, “Agreements”). Upon
credit approval and acceptance by FDMS and FDGL, the equipment was shipped and
later accepted by SYD
Ms*** alleges that she
felt hesitant about joining Coastal’s service; however she decided finally to
sign up with Coastal and signed the AgreementsAlthough Ms*** wanted to
retain a copy of the Agreements, it is against company policy to leave the
original copy of the Agreements with the merchant, which is why the Coastal
representative told Ms*** she would send a copy later to herMs***
further alleges that she realized the services being provided to her, as stated
in the Agreements, differed than what was represented to herAfter the endorsement of the Agreements, Coastal
opened a merchant account for Ms*** and the financial equipment was sent
as provided in the LeaseFinally, despite
all that has transpired, Ms*** alleges that, “[she] did not have a
contract with [Coastal].” Below Coastal addresses each and every allegation
presented by Mr***
The Agreements entered into are valid and enforceable
There was an offer by Coastal, an acceptance of that offer by SYD through the
signed Agreements, and consideration as required by contract law, 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 principlesUnder
relevant law, courts will almost always uphold the agreements between two
sophisticated partiesMs*** will be held accountable to the agreement she
made with Coastal, which were the fees for the merchant account services as
well as the lease of the financial equipmentThus, due to the status of the
parties, court will uphold the validity of the Agreements
Moreover, any party, whether sophisticated or not, has
the duty to read the AgreementsA party’s failure to read a contract is not an
excuse and does not nullify a contractAs a sophisticated party or not Ms***
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 AgreementOn the contrary, Ms***
alleges that she did see the terms of the Agreements and that she asked
questions about some of the terms of the AgreementsNevertheless, whether Ms
*** knew of the terms of the Agreements or not, the Agreements are valid and
enforceable as to both parties involved
Additionally, Ms*** alleges that she was told things
differently from what was stated in the AgreementsIf this allegation refers
to the sales agent making oral promises, which contradicted the terms of the
Agreements, it will not hold 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 Ms*** is subject is written
in the Agreements, which was signed by Ms***The exception to this rule
would be an allegation of misrepresentation or fraud (discussed below), yet
that allegation is contradictory to what Ms*** alleges since she knew of
the supposed discrepancies in the Agreements and Coastal’s extrinsic
statementsAs explained above, Ms*** is subject to these terms regardless
of whether she actually read the Agreements and any extrinsic statements that
contradict the terms of the Agreements are inadmissible under the parol
evidence ruleTherefore, the Agreement is valid and enforceable
Ms*** alleges Coastal did not disclose or
otherwise misrepresented the terms of the AgreementsMaterial
misrepresentation requires more than just a broken promise or a breach of
contractUnder most jurisdictions, a party alleging misrepresentation must
prove: (1) A representation; (2) which is material to the transaction; (3) made
falsely, with knowledge of its falsity or recklessness as to whether it is true
or false; (4) with the intent of misleading another into relying on it; (5)
justifiable reliance on the misrepresentation; and, (6) the resulting injury
was caused by the relianceAlso, these claims, with respect to a business,
must particularize what was said or written by Coastal’s representative, and
how these statements or writings contradict the Agreements Ms*** entered
into
Here, there is no specific evidence that material
misrepresentation occurredBesides the arguments above confirming the validity
and enforceability of the Agreements, the fact that Ms*** signed the
Agreements with knowledge of the material terms makes an actionable material
misrepresentation claim unlikelyCoastal representatives did not defraud or
misrepresent their intentions when relaying the services to Ms***Coastal
proudly grounds itself and trains its employees in standard, proper business
practices so as to avoid any material misrepresentation to customersPart of
its training is to help Global representatives to avoid the pitfalls of
intentional or innocent misrepresentation to customers in offering its’
servicesIn addition, Coastal in no way fraudulently altered or changed the
Agreements, nor did Coastal fraudulently persuade Ms*** into signing them
On the contrary, Coastal was happy to work with Ms*** to change the term
of the contract period from the typical 4-years to yearsThere is no evidence
that the Coastal representative took affirmative steps to prevent her from
reading the Agreements or that Ms*** felt threatened into signing the Agreements
All material terms of the Agreements are clearly marked and could have been
noted by Ms***Therefore, a claim for material misrepresentation against
Coastal is unlikely
Ms*** now seeks to terminate the Agreements with
CoastalPursuant to the terms of the Agreement, the right and opportunity to
cancel is available to Ms***Merchants may cancel at any timeAn
important detail to the cancellation provision however is that it follows the
process laid out in the AgreementHowever, although she is free to cancel the
Agreements at any time, she is and will be subject to the terms of the
Agreements while she was a party to it
Due to signing the Agreements on behalf of herself and
SYD, Ms*** has agreed to the terms set forth by CoastalThe terms clearly
state that she will have to pay the full term of the lease, plus any additional
cancellation fees, if she were to cancel the Agreements prematurely
Coastal would like to offer SYD a more competitive
offer than what it initially agreed to in an effort to encourage Ms*** to stay with Coastal. SYD would still enjoy the advanced technology
and service, but would also get even more competitive ratesCoastal maintains
its offer to SYD of a 2-year contract period with CoastalCoastal prides
itself upon widespread customer satisfaction and will gladly facilitate a
mutually beneficial resolution regardless of SYD’s decisionShould Ms*** have
any further questions or concerns please do not hesitate to email ***.
For the firm,
/s/
*** ** *** ***
Global Legal Law
Firm
***

We sent a check and cancelled the accountMerchant is happy

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.I will not tolerate that the Revdex.com closed my complaint when I did not even see my email till after the long weekendI was sent an email November 23, and clearly everyone is busySo, I do not appreciate that my complaint was closed right away even before I could replyAs for Coastal Pay, I need to speak to you, to come to a settlement even after you employee harassed and threatened meMy business owner is now upset with me that you guys are charging her from her accountI do not understand why you guys are being so stubborn for a settlementI also forgot to state that the agent you all sent to the business lied to me saying that the contract will not get processed until after a business Tax ID is givenI was not able to give that information and so basically your agent lied to me saying that the papers will not be processed till after the Tax ID is givenSo what type of liars do you guys hireThis company is clearly a fraudI need to cancel the contract immediately
Regards,
*** ***

This company called our business times today Four of those phone calls were back to backAfter I told company we were not interested they kept insisting 'i didnt understand' and that either way they were sending someone to my location tomorrowI asked to speak with a supervisor on the third phone call and the gentleman insisted that he was the one in charge at the moment Fourth time he called I told him he was harassing me and I hung up on himAn hour passed and then they called again

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
This complaint has NOT been rectifiedI spoke with Mr *** last weekHe was getting additional information from his staff an promised to get back to meI have yet to hear back and will attempt to contact him again on WednesdayIn the meantime please DO NOT close this complaintIf you have questions regarding this issue please contact me at ***.Thank you,*** *** *** *** *** Sent from my Windows Phone
Regards,
*** ***

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.I am not satisfied with the resolution as I was pressured into the sale in the first placeI told the representative no at least times, my business partner also said noAfter having the rep in my place of business for over hours it was past time to go home, and my no answer was obviously not being acceptedWe have verified that the rates are at my current processing parameters are lower, and per our agreement I was informed if I wasn't going to be saving money each month I would be able to cancelHad the no been accepted any of the times it was stated that we were not interested we would not be here***, a supervisor, has already agreed to take care of the first three charges I received within weeks of receiving the card processor, and I have not even seen thoseThis is not a company that I want to work with, and shouldn't be working with Per agreements that were made I would like my refund and the service cancelled
Regards,
*** ***

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
I am not satisfied with the resolution as I was pressured into the sale in the first placeI told the representative no at least times, my business partner also said noAfter having the rep in my place of business for over hours it was past time to go home, and my no answer was obviously not being acceptedWe have verified that the rates are at my current processing parameters are lower, and per our agreement I was informed if I wasn't going to be saving money each month I would be able to cancelHad the no been accepted any of the times it was stated that we were not interested we would not be here***, a supervisor, has already agreed to take care of the first three charges I received within weeks of receiving the card processor, and I have not even seen thoseThis is not a company that I want to work with, and shouldn't be working with Per agreements that were made I would like my refund and the service cancelled
Regards,
*** ***

To Whom It May Concern:
"text-align:*ustify;text-*ustify:inter-ideograph;
line-height:115%;tab-stops:0in .5in 1.0in 1.5in 2.0in 2.5in 3.0in 3.5in 4.0in 4.5in 5.0in 5.5in 6.0in">
Our firm has the pleasure of representing Coastal Pay,
LLC ("Coastal"). This letter is in
response to the Revdex.com complaint #[redacted] regarding
electronic payment processing agreements between Ms[redacted] ("Ms[redacted]")
of Eve Beauty Salon ("EBS") and CoastalThis letter will address the issues
raised in that letter with the hopes of achieving an amicable resolution
On or about September 8, 2015, a Coastal phone
representative called EBS 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, Ms[redacted] met with a
Coastal sales representativeMs[redacted] individually and on behalf of EBS 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"). On
September 16, 2015, Ms[redacted] called in wanting to cancel her applicationWhen
Ms[redacted] was asked why she replied that she was dissatisfied with the service
and having a gut feeling that she should cancel
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 EBSMs[redacted]
is a sophisticated business party who entered into a commercial contract on
behalf of EBSIt is well-established law that Ms[redacted]'s duty to read
contracts in their entirety before signing them is imputed on her. Once Ms[redacted] signed the Agreements, Ms[redacted]
became sub*ect 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 clearly state that she will
have to pay any cancellation fees, if she were to cancel the Agreements
prematurelyMs[redacted] is thus sub*ect to the terms and conditions of the Agreements
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 versaFDGL still holds
the rights under the Lease and Coastal still holds the rights under the MAA
The separation of each agreement is clearly disclosed in both agreementsAny
further communications pertaining to the Lease should be made to FDGL directly
Ms[redacted] implies Coastal materially misrepresented
terms of the Agreements; however, she 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 Ms[redacted] signed the Agreements and accepted the new equipment without
contention, makes an actionable material misrepresentation claim unlikelyMaterial
misrepresentation requires more than *ust a broken promise or a breach of
contractAlso, 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 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]Ms[redacted] contention that the contract was inconsistent with the
representation by the Coastal agent we have found no evidence of anything that
contradicts the written contracts other than Ms[redacted]'s sub*ective
interpretation of the clear terms. Ms
[redacted] cannot rely on her lack of understanding or failure to read the Agreements
to be held unaccountableTherefore, a claim for material misrepresentation
against Coastal is baseless
Ms[redacted] further alleges that because she signed the Agreements
it does not make the contract legally binding between Coastal and EBSWhen an
agent (Ms[redacted]), acting with the authority of the principal (EBS), enters into
a contract with a third party (Coastal), that contract will be binding as if
the principal agreed to the contact with the third party itselfFurthermore,
even if the principal's authority was not explicitly given to the agent, if the
third party reasonably believed that the agent was acting for the principal,
the contract will still be considered legally bindingHere, Ms[redacted] alleges
that a Coastal representative walked her through signing the contractMs[redacted]
did not oppose to signing the contract, signed with apparent authority, which
the Coastal representative reasonably believed she had the authority to doAdditionally
Ms[redacted] of EBS claims that she is not the owner of the business, however she
claimed the title of owner as noted on the Agreements and supplied the Coastal
representative with a voided company checkFurthermore, she makes claims that
she did not know she was signing an electronic payment processing agreement
despite the fact that she had been well aware of the nature of the business
conversationShe even contradicts herself about being at least one of the
owners in her complaintAvoidance of this issue would be simple in disallowing
Ms[redacted] to never sign anything for the companyThat is not what happened
hereTherefore, the fact that Ms[redacted] signed for EBS is of no consequence on
the validity of the contract
Ultimately, Coastal is committed to customer
satisfaction and a mutually beneficial business relationship. Coastal is willing to work with Ms[redacted] and
correct any errors within their powerIf Ms[redacted] desires to resume her Coastal
account, she may do so while still using the financial equipment and enjoying
Coastal's superior technology and serviceIn any event, we hope that Ms[redacted] will
reconsider her cancellation, and work with Coastal to find a positive resolution
Should Ms[redacted] have any further questions or concerns please do not hesitate
to email [redacted].
For the firm,
/s/
[redacted]
[redacted], Esq
Global Legal Law
Firm
*CH/ksc

To Whom It May Concern:
"line-height:115%">
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]("[redacted]"), and a
Merchant Acknowledgement Agreement ("MAA") with Coastal (collectively,
"Agreements")Upon credit approval and acceptance by FDMS and [redacted], 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]