Element Payment Services, Inc.

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.

We have NOT been contacted by Element regarding the complaint. Due to the fact that I have been told I would be contacted several times in the past and this has not happened, I am skeptical that they will do that. Therefore, the complaint can't be resolved without contact and we cannot accept any response other than a $199. refund.

Regards,

I have reviewed the dispute and the notes on file. It is clear that the merchant did not submit a cancellation form in the proper time to avoid the statement fees for December. However, in the interest of extending customer satisfaction, I have agreed to refund the December statement fees for...

both of the accounts which equates to $53.14 total. The merchant will need to agree to resolve the dispute as satisfactory.

 

Thanks,

 [redacted]

VP Operations

To Whom It May Concern, We have worked with this merchant and believe we have come to a mutual resolution. Thank you!

Attn. Revdex.com,We have processed the request internally to contact the merchant.Regards,Element Payment Services

To Whom It May Concern, We have reached out to this merchant to reach a resolution and we are awaiting their response. Thank you!  Thank you,Kayla P[redacted] / Legal Support Administrator

Attn. Revdex.com,

Element received a call from [redacted] with [redacted] on 10/22/2014. In this call, [redacted] and Element came to an agreed amount to be refunded as a credit in the October statement. The October statement is expected to be available in...

early November.

Regards,

Element Payment Services

To Whom It May Concern,
We have worked with this merchant and believe we have come to a mutual resolution. Thank you!

Please close complaint #[redacted] as resolved. We have satisfied the request of the customer by sending the Merchant Agreement and T&C’s that show the ETF policy. We have a certified receipt confirmation that the customer signed showing proof of documentation...

delivered. Regards, [redacted]VP OperationsDirect Number: ([redacted]

They did not own up to their deceptive practices and only offered to cancel my account and charge me a termination fee (which is the same thing if I kept my account open and continue to pay for nothing).

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this...

resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,[redacted]

To Whom It May Concern,
We have worked with this merchant to reach a mutual resolution.
 
Thank you!

Hello,
We believe that we have resolved this matter directly with Mr. [redacted]
Thank you!

Review: I opened an account in Feb of 2011. I stopped using the service in July of 2011 but kept my account open and continued to pay the monthly $9.80 charge since then. This past week my bank was debited $199.00 without my consent. When I contacted element I was told that in August of 2014 they added a new maintenance fee of $199.00. I was not notified via email, phone or a letter to my address on file of this new charge. I logged into my account on [redacted] and there is no notice, nothing stated on any montly statement online. NOTHING. I called the company to complain to request a refund and I was told there is nothing they can do. I have since disputed the charges with my bank, but it takes 10 business days to resolve. I am highly upset and frustrated and I feel like this is against the law. I have my contract I signed in 2011 and there is nothing on that contract about any yearly fee that I will be charged. How can you implement a fee without notifying the consumer? I want the entire 199.00 to be credit back to my account and I want my account closed without any fee from the company. I will pursue this to the fullest extent.Desired Settlement: I want to be refunded the $199 for the maintenance fee I was charged and I want to close out my account without any fee.

Business

Response:

Attn. Revdex.com,We are reviewing this complaint and will contact the merchant for a resolution.Regards,Element Payment Services

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

Review: We have been processing credit cards through Element Payment Services since 2008. On or about September 13th, we received our August 2014 statement from Element with a note on the last page stating "Also, beginning with your September 2014 billing statement you will be assessed an annual service and maintenance fee of $199. If you have any questions, please call the number located at the top of your statement." We have never been charged an annual fee - and certainly not one of $199! I assumed the fee is for the upcoming year, since we were just informed. I contacted our credit card processor, [redacted] on Monday, September 15th to cancel our account due to the ridiculous and bogus annual fee of $199. I stated that we should not be charged the fee starting September as we were only informed of the fee on the August statement which we didn't receive until September. I completed the cancelation form and sent back that same day. She stated she would check with a supervisor but because we hadn't been actually charged the fee yet, there wasn't much she could do. I explained I was trying to prevent that fee deduction from happening.

On or about Oct. 7, I noticed our bank account had been debited for fees I obtained the online statement for September and saw the $199. fee had been charged/debited, along with all the other fees. I contacted [redacted] to attempt to get a refund. The person I spoke with said the refund was up to Element and that they would send an email to them with the request and that I should hear from them within a couple days. I was told I could not contact them directly - that the request had to go through [redacted].

10-20-14 Did not hear from Element so contacted [redacted] again. Spoke to [redacted]. She saw my prior request and didn't know why we haven't heard anything yet. She said it's up to Element on the fee reimbursement. She said I could contact them directly and gave me a number, and said she would also send a follow-up email. She then connected me with Element - I spoke with [redacted] who said no one was available to help then and that someone would call me back that day. No one called.

10-22-14 I contacted Element again - spoke with [redacted] who transferred me to [redacted] stated the $199. annual fee charged was for last year!! I told him that was a rip-off and had we known we were going to be charged that fee for the prior year, we could have canceled when that was disclosed. He said there is nothing we can do about it, the only mediation is talking to him, and there is no one else to talk to about it. I pressed for details to dispute this / if we could have a mediation process and anything else I can do to get the refund, including talking to someone else. He said no - they are allowed to charge any fees they want at any time - and they had to do it to "re-coup", - whatever it was didn't make any sense. It likely really amounts to increasing their profit. The annual fee we are disputing was never disclosed until after they decided to implement it and then charged it for the prior year. This is not only unfair and wrong, it's unethical. We are a Small Business (Verified Service Disabled Veteran-owned) and would not stay in business if we did that to our customers. In fact, I know of no other service company who gets away with charging AFTER the service for fees that were not disclosed up front. [redacted] from Element says utility companies do it - but in reality at least even they are regulated and the rate is known PRIOR to the charge and usage. Being a small business, we cannot believe a large corporation can get away with charging fees like this without disclosure and leave absolutely no recourse. We want our $199. back. It's that simple and the only thing acceptable, reasonable and honest to do.Desired Settlement: $199.00 Fee Refund.

Business

Response:

ATTN Revdex.com,

We are reviewing this complaint and will contact the merchant to discuss a resolution.

Regards,

Element Payment Services

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.

We have NOT been contacted by Element regarding the complaint. Due to the fact that I have been told I would be contacted several times in the past and this has not happened, I am skeptical that they will do that. Therefore, the complaint can't be resolved without contact and we cannot accept any response other than a $199. refund.

Regards,

Review: I was using owned a copy of daysmart software(integrated salon software..appt book, check out client, merchgant services).. I owned the software..it processed credit cards with global payments and element payment services..I used global for serveral years and when the fees went up I switched to element..there was no cancellation fee with global..simply send them a cancellation notice and it was done..recently daysmart started charging fees and I opted to stop using the software after 8 years of use..everyone decided to use the mobile card apps on there phone..when I called to cancell with element they told me if I cancelled before the terms end in february 2015 I would have to pay a 425.00 fee..also when I do cancel ill need to give them a 30 Day written notice to cancell...no problem..today a stylist called to cancel and they told her that she'd have to pay the 425 even when the term ended if she didnt renew...I called them on it and they said they changed there terms since our original agreement...am I the only one that thinks this is crazyDesired Settlement: honor there agreement to end our contract at its expiration date without the 425.00 fees..ill pay the monthly charges until the term ends

Business

Response:

We will be contacting the customer to discuss resolution of this complaint.

Review: Element Payment Services failed to ever mention that we are perpetually under contract and that there is a cancellation penalty. After being with the service provider for over 4 years of a supposed 3 year contract we should not be charged the penalty. The company stated that it is set to auto renew however with this feature a customer is not notified of the contract maturing and is perpetually under contract. There is a paragraph that discusses if we were to stop processing during the contract period that we could be charged $425, which we did not . The contract nowhere specifies a time period for the contract.Desired Settlement: Please refund the cancellation fee.

Business

Response:

Attn Revdex.com.The early termination fee policy is outlined in the Terms and Conditions which all merchants have access to review. Unfortunately we are unable to waive this fee since this merchant cancelled his policy while still in the contract period. Regards,Element Payment Services

Review: My company, [redacted], Inc. had credit card processing with Element Payment Services. After not using the service frequently, on December 4, 2012, I called and cancelled my account. Being full-time employed and a small business owner, I simply don't have time to reconcile my business account frequently. While doing some preparation for year end, I noticed that the monthly charges at $29.50 continue to be charged to my checking account totaling $354.00.

I contacted my sales representative, [redacted] who was finally able to confirm the cancellation of my account, but after a few rounds of correspondence told me that he did not have the authority to refund the charges and that he would have someone from the "home office" contact me.

After multiple attemps and hours of being on hold to contact the "customer care supervisor" my issue is still unresolved. Below is the last correspondance from my sales rep.

"[redacted],

Believe me if I had the authority to refund this I would have done it immediately, I understand your frustration and I will keep trying to push this to the best of my ability.

Thank you,

"Desired Settlement: Refund of the unauthorized charges in the amount of $354.00.

Business

Response:

The merchant that filed complaint #[redacted], has requested a refund for the monthly service fees that were applied to his merchant account during the period of 12/2012 – 12/2013. His claim is that he called Element to close his account on 12/4/2012. However, Element did not receive a cancellation notice at that time. According to our records, [redacted] notified Element with a cancellation notice on 12/31/2013. Once we received the notification the request was processed and his account was closed. Element’s policy, which is stated in the merchant agreement, is that account closures must be processed with a written cancellation. Therefore, we are unable to refund the fees that incurred during the period of 12/2012 – 12/2013. This decision is based on when Element received the cancellation notice.

Regards,

VP Operations

Element Payment Services

Review: I had payment services for my business through Element. On November 27 a cancellation notice was sent. This document was not processed and I was charged service fees

for the month of December and no services were received.Desired Settlement: I would like all statement fees refunded for December 2013.

Business

Response:

I have reviewed the dispute and the notes on file. It is clear that the merchant did not submit a cancellation form in the proper time to avoid the statement fees for December. However, in the interest of extending customer satisfaction, I have agreed to refund the December statement fees for both of the accounts which equates to $53.14 total. The merchant will need to agree to resolve the dispute as satisfactory.

Thanks,

[redacted]

VP Operations

Review: Apparently Element has a standard "If the consumer doesn’t catch it, we get away with it." policy. I am trying to get Element to refund my $199.00 fees that were not a part of my contract. I found out about this fee because they wanted me to purchase a new card reader for $250.00. They said I need this to be EMV compliant. The card reader I currently use is the one they originally said I had to use for their system. They sold it to me in 2013 for $350. It is capable of reading chip cards. They say software is not being developed for this reader yet. I believe that if I was told to purchase the reader that I have, odds are, so was everyone else. So why then do they develop software for another machine? In all likely hood they simply want to make another $250.00 per account.

Had I not gone through that, I never would have known they charged me two $199 fees because there was never any notification of the sudden decision to charge this fee. I should have been given the option to get out of the contract before being charged this fee. I believe that this is breach of contract. I have given Element more than ample time to make this right. They do not return calls as they should and they take more than 24 to 48 hours to return emails. If they reply at all it is usually after I make it clear they have not replied in a timely manner. I asked them to send me a copy of my original contract because there is no mention of a $199 fee. They sent me one that is illegible. When I asked to them to resend it because it can’t be read, they resend it exactly the same. Perhaps the Revdex.com can get a copy from them for me that can actually be read. No monthly statements are sent by Element. The way you get them, is to log onto their website and find them in your account. In that account there is no message, no notice, nothing that says I will be charged this fee.

Like most small business owners, I don’t do this on a regular basis, because the fees are taken out of my bank account automatically. Who analyzes their credit card statements every month to make sure the fee percentages are correct? This is the only way one would know the extra 199 fee was charged. I believe, that is why they do business in this manner.

I see that I am not the only consumer of Element that has this complaint about the $199 fees. I believe they should be made to refund every consumers 199 fees that they don’t have a signed acknowledgment about the fees from. I bet that is 100% of their consumers. Any company that decides to change the cost of a contract in this manner should have to have proof of consent from the client to do so. Not just an ‘If they don’t catch it we get away with it" policy.Desired Settlement: I would like to be refunded the total of both $199.00 fees plus interest. Also I want to be immediately released from my contract.

Business

Response:

To Whom It May Concern,We have worked with this merchant and believe we have come to a mutual resolution. Thank you!

Consumer

Response:

I believe we have a verbal agreement, although I await official confirmation that I am released from my contract immediately with no early termination fees and I will not be charged any further fees also, I was told I will get a refund for non usage fees that were previously charged. Once those things happen I will consider the matter resolved.Lisa H[redacted]

Business

Response:

To Whom It May Concern, We have worked with this merchant and believe we have come to a mutual resolution. Thank you!

Review: I had an agreement with this company. I have been with this company since January. I recently had my funds on hold also had a total of $90 in bank fees due to the fact that they had a last min change without allowing me time to know. They started charging 199 I had no notice or anything. They are now holding my money telling me we sent some out and when I call the bank to verify nothing was sent out. I call back and im told that they were actually holding it.Desired Settlement: I have staff members to pay this has taken to long I want my money now and I want to be compensated for the fees that accrued.

Business

Response:

Attn. Revdex.com,

Element received a call from [redacted] with [redacted] on 10/22/2014. In this call, [redacted] and Element came to an agreed amount to be refunded as a credit in the October statement. The October statement is expected to be available in early November.

Regards,

Element Payment Services