Coastal Pay

Re: Revdex.com Case #[redacted] of [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] regarding electronic payment processing agreements between [redacted] (“[redacted]”) of [redacted] (“[redacted]”) and Coastal. This letter will address the issues raised in that letter with the hopes of achieving an amicable resolution.
On or about May 18, 2015, a Coastal phone representative called [redacted] 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, [redacted] met with a Coastal sales representative. [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 for electronic payment processing equipment with [redacted]. (“[redacted]”), and a Merchant Acknowledgement Agreement (“MAA”) with Coastal (collectively, “Agreements”). A couple of days later, [redacted] emailed Coastal requesting early termination of the Agreements and a refund of $1,492.00. Since then, $1,492.00 has been refunded to [redacted].
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 [redacted] is a sophisticated business owner who entered into a commercial contract on behalf of himself and his business, [redacted]. It is well-established law that [redacted]’s duty to read contracts in their entirety before signing them is imputed on him. Once [redacted] signed the Agreements, [redacted] 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. The terms clearly state that he will have to pay any cancellation fees, if he were to cancel the Agreements prematurely. [redacted] is thus subject 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 versa. [redacted] 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 agreements. Any further communications pertaining to the Lease should be made to [redacted] directly.
Ultimately, Coastal is committed to customer satisfaction and a mutually beneficial business relationship. Coastal is willing to work with [redacted] and correct any errors within their power. If [redacted] desires to resume his Coastal account, he may do so while still using the financial equipment and enjoying Coastal’s superior technology and service. In any event, we hope that [redacted] will reconsider his cancellation, and work with Coastal to find a positive resolution. Should [redacted] have any further questions or concerns please do not hesitate to email [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details...

of the offer I reviewed appear below.
[While they did reimburse the amount, they never replied to me nor did we reach any agreement. They caused me to accrue 72.00 in fees as well as the original 32.50 they took from my account at the beginning of the month.]
Regards,
[redacted]

After reviewing the statement. We are not charging e merchant view, debit access fee, wireless fee, and we lowered the monthly minimum from $25 to $10. 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 #[redacted] regarding electronic payment processing agreements between Mr. [redacted] (“Mr. [redacted]”) of [redacted] (“[redacted]”) and Coastal....

This letter will address the issues raised in that letter with the hopes of achieving an amicable resolution.On or about April 13, 2016, Coastal contacted [redacted] 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. [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 finance lease (“Lease”) for electronic payment processing equipment with First Data Global Leasing (“FDGL”), and a Merchant Receipt Purchase Order (“MRPO”) with Coastal (collectively, “Agreements”). Upon credit approval and acceptance by FDMD and FDGL, the equipment was shipped and later accepted by Mr. [redacted].Mr. [redacted] now alleges that Coastal has breached their Agreements with [redacted] and has overcharged his company on multiple occasions. Mr. [redacted] is now seeking reimbursements for the charges alleged in his complaint and requesting that his Agreements with Coastal be cancelled. With respect to Mr. [redacted]’s claim that Coastal has “not followed through with any of the Agreements” entered into by [redacted] and Coastal, Mr. [redacted] fails to identify a single provision of the Agreements that has been allegedly breached, rendering his claim invalid and moot. Conversely, 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 [redacted]. Mr. [redacted] is a sophisticated business owner who entered into a commercial contract on behalf of himself and his business, [redacted]. It is well-established law that Mr. [redacted]’s duty to read contracts in their entirety before signing them is imputed on him.  Once Mr. [redacted] signed the Agreements, Mr. [redacted] became subject to the terms and conditions of these Agreements, including any applicable early termination fees.  The terms clearly state that he will have to pay any cancellation fees, if he wishes to cancel the Agreements prematurely. Additionally, Coastal performed their duties by opening a new merchant processing account and sending the equipment. Mr. [redacted] is thus subject to the terms and conditions of the Agreements.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 versa. FDGL still holds the rights under the Lease and Coastal still holds the rights under the MRPO. The separation of each agreement is clearly disclosed in both agreements. Any further communications pertaining to the Lease should be made to FDGL directly.Mr. [redacted] also alleges that Coastal overcharged his company on multiple occasions and is seeking a reimbursement of $2,067.99, however Mr. [redacted] has failed to provide any evidence that he is owed that amount under the terms of the Agreements. In his complaint, Mr. [redacted] claims that he made several attempts to contact Coastal about the overcharges, but was never successful in speaking with a representative from Coastal about them. However, Coastal maintains a log of all calls made and received, and the notes pertaining to this issue indicate that representatives from Coastal made multiple attempts, on multiple dates in or around early May of 2016, to contact Mr. [redacted] to assist with his issues, but to no avail due to Mr. [redacted]’s voicemail being full, him not being available, or the phone would continually ring without an answer. On or around May 6, 2016, Mr. [redacted] notified Coastal via telephone that he had received a statement for $79.99, despite having not yet received his equipment. Coastal’s record of this call indicates that Coastal not only agreed to reimburse Mr. [redacted] the $79.99, but also agreed to reimburse him for the cancellation of his old processor which would be added together in one lump payment. The notes from that call reflect that Mr. [redacted] had no issues with that, and on May 27, 2016, Coastal sent Mr. [redacted] a check in the amount of $790.00.  Despite Coastal’s good faith attempts to address and rectify any issues that Mr. [redacted] had, Mr. [redacted] is still wrongly claiming that he is entitled to more money from Coastal. Yet the Agreements and other supporting documents that Coastal maintains do not support these allegations, and in fact, show that Mr. [redacted] was not and is not owed any reimbursements per the terms of the Agreement.Ultimately, Coastal strives to provide excellent customer service to their merchants and would like to see a mutually beneficial resolution to this situation. In the interest of achieving such result, Coastal will review its accounting records and provide any additional reimbursement owed to Mr. [redacted], if any such amount is owed. Additionally, if Mr. [redacted] has any documents tending to prove there was an agreement for Coastal to pay for any remaining fees allegedly owed, Coastal will gladly review and consider them. Should Mr. [redacted] have any further questions or concerns please do not hesitate to email me at [redacted].   For the firm,[redacted]Global Legal Law Firm

I asked for a written apology on this site.He told me it was aggressive sales.I told him it was blackmail and threating.Why did they not call me back until I filed a complaint.

Thank you for bringing this to our attention. This issue will be handled immediately. We apologize for any inconvenience we may have caused you and your business. Your number will be removed from our...

calling list.

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] regarding electronic payment processing agreements between Mr. [redacted] (“Mr. [redacted]”) of [redacted] (“[redacted]”) and...

Coastal. This letter will address the issues raised in that letter with the hopes of achieving an amicable resolution.On or about April 13, 2016, Coastal contacted [redacted] 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. [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 finance lease (“Lease”) for electronic payment processing equipment with First Data Global Leasing (“FDGL”), and a Merchant Receipt Purchase Order (“MRPO”) with Coastal (collectively, “Agreements”). Upon credit approval and acceptance by FDMD and FDGL, the equipment was shipped and later accepted by Mr. [redacted].Mr. [redacted] now alleges that Coastal has breached their Agreements with [redacted] and has overcharged his company on multiple occasions. Mr. [redacted] is now seeking reimbursements for the charges alleged in his complaint and requesting that his Agreements with Coastal be cancelled. With respect to Mr. [redacted]’s claim that Coastal has “not followed through with any of the Agreements” entered into by [redacted] and Coastal, Mr. [redacted] fails to identify a single provision of the Agreements that has been allegedly breached, rendering his claim invalid and moot. Conversely, 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 [redacted]. Mr. [redacted] is a sophisticated business owner who entered into a commercial contract on behalf of himself and his business, [redacted]. It is well-established law that Mr. [redacted]’s duty to read contracts in their entirety before signing them is imputed on him.  Once Mr. [redacted] signed the Agreements, Mr. [redacted] became subject to the terms and conditions of these Agreements, including any applicable early termination fees.  The terms clearly state that he will have to pay any cancellation fees, if he wishes to cancel the Agreements prematurely. Additionally, Coastal performed their duties by opening a new merchant processing account and sending the equipment. Mr. [redacted] is thus subject to the terms and conditions of the Agreements.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 versa. FDGL still holds the rights under the Lease and Coastal still holds the rights under the MRPO. The separation of each agreement is clearly disclosed in both agreements. Any further communications pertaining to the Lease should be made to FDGL directly.Mr. [redacted] also alleges that Coastal overcharged his company on multiple occasions and is seeking a reimbursement of $2,067.99, however Mr. [redacted] has failed to provide any evidence that he is owed that amount under the terms of the Agreements. In his complaint, Mr. [redacted] claims that he made several attempts to contact Coastal about the overcharges, but was never successful in speaking with a representative from Coastal about them. However, Coastal maintains a log of all calls made and received, and the notes pertaining to this issue indicate that representatives from Coastal made multiple attempts, on multiple dates in or around early May of 2016, to contact Mr. [redacted] to assist with his issues, but to no avail due to Mr. [redacted]’s voicemail being full, him not being available, or the phone would continually ring without an answer. On or around May 6, 2016, Mr. [redacted] notified Coastal via telephone that he had received a statement for $79.99, despite having not yet received his equipment. Coastal’s record of this call indicates that Coastal not only agreed to reimburse Mr. [redacted] the $79.99, but also agreed to reimburse him for the cancellation of his old processor which would be added together in one lump payment. The notes from that call reflect that Mr. [redacted] had no issues with that, and on May 27, 2016, Coastal sent Mr. [redacted] a check in the amount of $790.00.  Despite Coastal’s good faith attempts to address and rectify any issues that Mr. [redacted] had, Mr. [redacted] is still wrongly claiming that he is entitled to more money from Coastal. Yet the Agreements and other supporting documents that Coastal maintains do not support these allegations, and in fact, show that Mr. [redacted] was not and is not owed any reimbursements per the terms of the Agreement.Ultimately, Coastal strives to provide excellent customer service to their merchants and would like to see a mutually beneficial resolution to this situation. In the interest of achieving such result, Coastal will review its accounting records and provide any additional reimbursement owed to Mr. [redacted], if any such amount is owed. Additionally, if Mr. [redacted] has any documents tending to prove there was an agreement for Coastal to pay for any remaining fees allegedly owed, Coastal will gladly review and consider them. Should Mr. [redacted] have any further questions or concerns please do not hesitate to email me at [redacted].   For the firm,[redacted]Global Legal Law Firm

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, 2016 Revdex.com consumer complaint #[redacted] (“Complaint”) made by Mr. [redacted] (“Mr. [redacted]”) on behalf of [redacted] (“[redacted]”) regarding...

electronic payment processing services offered to Mr. [redacted] by Coastal. This letter will address Mr. [redacted]’s allegations with the hopes of achieving an amicable resolution. As 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 services. Mr. [redacted] alleges that he repeatedly told Coastal that he was not interested in their services and to not call again. Coastal abides by its long-standing business operating procedures. Consistent with these operating procedures is training its representatives to avoid any customer dissatisfaction or annoyance. Coastal flatly rejects, and Mr. [redacted] has not provided any such evidence to prove herewith, intentionally repeating to call Mr. [redacted]’s business to harass him. Coastal prides itself in respecting the wishes of its customers and potential customers. Coastal has a strict “Do Not Call” policy (DNC) for merchants who request it. This DNC list is constantly revised and updated so as to avoid repeat calls and annoying merchants. Additionally, 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 services. Coastal’s main goal is to provide customer satisfaction to its clients and potential clients. However, 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 services. Many of these businesses use the same or similar names. Thus, it’s likely that Mr. [redacted] received calls from one or more of Coastal’s competitors. Moreover, it should be noted that the DNC list updated constantly, but may take some time in refreshing the list through the system. As 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 rates. Coastal prides itself upon widespread customer satisfaction and will gladly facilitate a mutually beneficial resolution regardless of Mr. [redacted]’s decision. Further, Coastal will confirm that Mr. [redacted] and his business are on the DNC list, so as to avoid any more frustration for Mr. [redacted]. 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

They wanted me to first lease a terminal as a condition to cancel the old agreement. I had to refuse that offer because it was another trap. When I suggested to have them reprogram my own terminal they stopped responding. My "threat" was that I will be filing complaints and a lawsuit if they don't refund me my money. They responded by defiance. They reminded me that they are multibillion company which implies they are above the law! As an attempt to intimidate me, they produced this fake lease which they claimed I signed. I have emails to back it. I have NEVER signed that alleged lease. They committed a fraud by duplicating my signature and forging documents that I've never seen or signed. I want the [redacted] to investigate this company's practices and a host of other companies like them that are acting as proxies for [redacted] is behind this scam and merchants nationwide have been victimized. For instance, go to ripoffreport.com and see the list of merchants who have filed complaints there against [redacted] and its proxies (ISO's). This is nationwide scam soon or later a class action lawsuit should be filed against them. I'm working on starting this class action lawsuit and encouraging other victims to join me.

We will reach out to the merchant to find a solution.

To whom this may concern: This check was sent out August 28, 2015 for the amount of $495.00, written out to: [redacted]We have contacted this merchant and left a message in regards to this check. The check number was [redacted] and I do see that the...

check has yet to be cashed. Normal procedure in regards to cancellation checks is that the merchant be processing for 30 days with Coastal Pay, then the merchant sends over the invoice or proof of cancellation fee from the previous credit card processor so that we can reimburse them for the amount WRITTEN on the contract. In this case, NO CANCELLATION FEE was written on the contract. I do understand that $495.00 is a tremendous amount for any size business and in some cases can be the straw that breaks the camel's back, so we sent out this cancellation fee out of the kindness of our hearts even though there was NO CANCELLATION FEE written on the contract. I advise the merchant to return our phone calls so that we can rectify this situation. Our phone number is 888.266.1715 x[redacted] for help desk and the merchant has our cell phone number in her voicemail box. Hope to resolve this soon. Thank you. -Coastal Pay Support Team

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

determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[The response is outrageous. All they do is deny the extremely aggressive behavior on the part of their salespeople.]
Regards,[redacted]

I left the owner a voicemail and sent an email. No response back. I also can't confirm that this came from Coastal Pay. He says that we have many bad reviews and we don't have any. There is a Coastal Payments and Coastal Payment Systems.

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, 2016 Revdex.com consumer complaint...

#[redacted] (“Complaint”) made by Mr. [redacted] (“Mr. [redacted]”) on behalf of [redacted] (“[redacted]”) regarding electronic payment processing services offered to Mr. [redacted] by Coastal. This letter will address Mr. [redacted]’s allegations with the hopes of achieving an amicable resolution. As 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 services. Mr. [redacted] alleges that he repeatedly told Coastal that he was not interested in their services and to not call again. Coastal abides by its long-standing business operating procedures. Consistent with these operating procedures is training its representatives to avoid any customer dissatisfaction or annoyance. Coastal flatly rejects, and Mr. [redacted] has not provided any such evidence to prove herewith, intentionally repeating to call Mr. [redacted]’s business to harass him. Coastal prides itself in respecting the wishes of its customers and potential customers. Coastal has a strict “Do Not Call” policy (DNC) for merchants who request it. This DNC list is constantly revised and updated so as to avoid repeat calls and annoying merchants. Additionally, 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 services. Coastal’s main goal is to provide customer satisfaction to its clients and potential clients. However, 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 services. Many of these businesses use the same or similar names. Thus, it’s likely that Mr. [redacted] received calls from one or more of Coastal’s competitors. Moreover, it should be noted that the DNC list updated constantly, but may take some time in refreshing the list through the system. As 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]. [redacted] would enjoy the advanced technology and service, but would also get even more competitive rates. Coastal prides itself upon widespread customer satisfaction and will gladly facilitate a mutually beneficial resolution regardless of Mr. [redacted]’s decision. Further, Coastal will confirm that Mr. [redacted] and his business are on the DNC list, so as to avoid any more frustration for Mr. [redacted]. 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

Review: This company made an agreement with me and then didn't abide by it. They claim they can save you money but they were costing me a heck of a lot more than they were saving. In fact, they didn't save me any money at all. They were extremely misleading and wouldn't really explain the charges to me. It took over three weeks for me to be set up and yet they 'charged' me a months worth of fees! The only way for me to save any money with these people would be if I was bringing in almost 7k a month, which is NOT my volume and they knew this. They also told me I would get my first two months of this $99 lease waived. That also didnt happen. When called to ask what was going on, no one got back to me until 48 hours later and even then, they said, we will call you back... they never did. They took money that I needed for supplies. I regret even talking to this company because I was happy with [redacted] and their policy is crystal clear. I would take a lot of caution before doing business with this company. They need to return my funds that they wrongfully took, pay to return this equipment, and cancel my contract. I want nothing more to do with themDesired Settlement: Cancel my contract so my business has no further ties with this company. Pay to return the equipment associated with the contract. And return the "minimum" fees I was charged because it wasn't part of the agreement.

Business

Response:

Left a message with the merchant to address her concerns.

Review: This company phoned my business. I politely told them that we are not interested in anything they have to offer and politely requested that they never call again. The salesperson and his supervisor were both extremely aggressive and refused to honor my request.

No one should EVER buy anything from this company.Desired Settlement: I want them to never contact me again.

Business

Response:

Our marketing department is very excited about our product. I wouldnt say they are agressive, they are persistant because of how much we can do with smb's.

Consumer

Response:

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

[The response is outrageous. All they do is deny the extremely aggressive behavior on the part of their salespeople.]

Regards,

Coastal Pay, LLC: called our business (unwated) to sell us their merchant services (no problem). I told them we were not interested, we are happy who we are with. The "gentleman" on the phone was extremely defensive, mocked what I was telling him. This was Friday October 9, 2015. After 30 mins of telling him to stop with the sales pitch we are NOT interested and not to call back anymore I hung up on him. He ([redacted]) then called us back Thrusday October 15, 2015 and asked for the owner (My husband) I asked his name and place he worked with. When he answered that I told him no you can't speak with the owner and to stop calling, I hung up. He continued to call back THREE times until my husband finally answered and fought with the "[redacted]" for another 30 minutes or so. He would not take no for answer. "[redacted]" made it seem like he worked for the law and that our business was going to get shut down asap with we didn't choose this company. He was absolutely out of line. The worst customer services I have ever seen. My husband had to take it where it should never have gone and threatened to sue this company, which it didn't faze this guy a bit. This [redacted] guy is a terrible rep for this company. Who knows, we might have gone with you guys if he didn't act the was he did. Mocking? threatening? David, you work for a merchant service company, not the government!!! Terrible, Terrible, TERRIBLE!!!!! I will tell every business I know about how you rip people off and have horrible, terrible customer service!!! By the way, my husband has been in this business for over 20 years and I have never seen him get this mad with a "sales person"! WAY TO GO COASTAL PAY!!!!!

Review: I have been contacted many many times by this company, so often that I now recognize the voice on the other end of the phone. Calls come from multiple numbers, will immediately call back after I have voiced not being interested, not wanting to receive info and demanding being taken off call list every time I am contacted.Desired Settlement: I expect to not be contacted by this company ever again and to be taken off the call list. I have begun looking into what constitutes harassment in cases such as these and will move forward with such if necessary.

Business

Response:

Dear [redacted],

Review: Company refused to accept to remove me from their calling list and called multiple times in a row after I told them not to.Desired Settlement: No further contact from this, or any associated business, ever.

Business

Response:

Hello [redacted],

Review: From the start this wasn't right.[redacted] a rep that came into my salon and filled out paperwork to get the clover mini,explained that if we were to cancel it's a one time fee of $495.This would cancel everything.Such as northern leasing and coastal with returning the equipment.The paperwork I filled out that day [redacted] wouldn't let me photo copy it.He said no need to you will get your copies in two day.After contacting [redacted] several times about paperwork, I got is 6 business days.I told him on day 4 that I'm begining to think this is a scam and don't want this anymore.He said no no, do you need some valium, I don't play those games.I continue to call him till I got them. He was in three times before I received the equipment and would say how he thinks he works better drunk. One day he said that I needed valium cause im so syressed about paperwork. Which my staff has heard him.once I got the clover, hooked it up and doesn't work. Called the number on my screen and [redacted] to say I need a code and I never got one.Here they had my information set up wrong.Once that was resolved, the machine isn't working the way we were told.[redacted] one the phone said she have [redacted] contact me about it cause I said then that I don't want this and I want to cancel this.I never heard from [redacted] at all.[redacted] came up the next day to fix it.He knew nothing about the machine and was calling whoever to get answers and using the help tab.samething I could have done but was told [redacted] can do it.he was in my business for almost three hours and he left with nothing resolved.I called [redacted] she told me either herself,[redacted] or [redacted] would contact me.I didn't hear nothing from them.erin had called and said [redacted] will be up in the morning to figure it out.I said he was here today and couldn't what is he gonna do tomorrow?she said every way for you to be happy.I respond with cancel it, I shouldn't have to be hassled around about this. Right now dealing with [redacted] and got no where.have emails from him The northern leasing systems say it cost $2,629.25 to cancel. [redacted] says it's gonna cost $500 + $997 because we continue to call the rep and we told him we have a lawyer involve which could lead to court on his part for misleading us.Desired Settlement: Cancel full contact with the coastal and northern leasing that [redacted] has filled out and for me not having to pay for anything. Northern leasing says isn't cost $2,629.25 [redacted] says it cost $500 + $997. [redacted] reason is because I contacted his rep [redacted] and told him we got a lawyer involved.

Want contract cancelled, do not want this on my credit, shouldn't pay anything for canceling

Business

Response:

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 Coastal. This 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 offer. Shortly 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

enforceability. Once 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 6 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 month. Ms. [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

claim. Coastal 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 merchants. Part of its training is to help Coastal

representatives to avoid the pitfalls of intentional or innocent

misrepresentation to merchants in offering its services. In addition, Coastal in

no way fraudulently altered or changed the Agreements, nor did Coastal fraudulently

persuade Ms. [redacted] into signing them. There is no evidence indicating that Coastal

intentionally and knowingly mislead Ms. [redacted], in any way. Ms. [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 contracts. All 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 signed. Therefore,

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 event. Thus, [redacted] is not

exempt from early termination fees.

Further, Ms. [redacted] claims that the credit card terminal

was not programmed as guaranteed. This claim is also without merit. If 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 Lease. With respect to a commercial finance lease, a lessee’s

contractual promise becomes “irrevocable and independent upon the lessee’s acceptance

of the goods.” (UCC Art. 2A §

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-103 subd. (g).) Furthermore, Ms. [redacted] accepted the equipment when

it arrived. Upon 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 versa. The leasing company 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 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

rates. In any event, we hope Ms. [redacted] will 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,

Consumer

Response:

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

Here's some of what happened and why I feel the way I do and continue to fight this.