Eliot Management Group, LLC

Dear Revdex.com Complaint Department: We...

are in receipt of Mr. [redacted]‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.  Mr. [redacted] signed the Agreement to process with Eliot Management Group (“EMG”) on December 15, 2016. The Agreement is for a term of three years, as stated in paragraph 23 of the Terms & Conditions. By signing the Agreement, Mr. [redacted] acknowledged to have received, read, and be bound by the Agreement & Terms & Conditions. Mr. [redacted] acknowledged that no verbal agreements or representations had been made and that he relied solely on the Agreement and Terms & Conditions (See, page 4). The rates and fees assessed to the account are listed on page 3 of the Agreement, under Rates & Fees. Our records show no indication of a $100 deposit to cover the costs of the processing account. There is no evidence in the account records of this deposit, nor is there a place in the Agreement or Terms & Conditions for this kind of payment. All payments made pursuant to the Agreement are ACH’ed directly from the merchant’s bank account. The early termination fee is listed in bold in the acknowledgements page (page 4) of the Agreement as well as discussed in paragraph 23 of the Terms & Conditions. It states explicitly in paragraph 23 of the Terms & Conditions that the merchant will have to send in a written signed request for closure to close the account. EMG received the request from the merchant on April 27, 2017, and closed the account on April 28, 2017. As a gesture of good faith, EMG refunded the merchant’s first month of processing fees in the amount of $49.94 in January of 2017. We will stand by the signed Agreement and no further refunds will be given. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations

Dear Ms. [redacted]: We are in receipt of Mr. [redacted]‘ complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.  Our records indicate that Mr....

[redacted]’ account was a month-to-month contract, allowing him to close the account without penalty at any time. EMG received Mr. [redacted]’ closing letter on December 12, 2016 for account closure on December 31, 2016. For unknown reasons, the account was not closed until January 2, 2017.  EMG bills for the previous month on the first few days of the following month so Mr. [redacted] received an ACH debit for January’s fees ($35.51) on 1/31/2017. As a good faith gesture and to settle this matter amicably, EMG will be sending a check for $35.51 to the home address on file for the Merchant on Thursday, April 6, 2017. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations EMG

Dear Mr. [redacted]:   We are in receipt of Mr. [redacted]‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.    In April of...

2016 Mr. [redacted]‘s entered into an Agreement for credit card processing with Eliot Management Group (“EMG”).  By signing the Agreement Mr. [redacted] acknowledged to have received, read and agreed to be bound by the Agreement and the Terms & Conditions; that no verbal agreements or representations had been made; and he would rely solely on the Agreement (See, Page 5 of the Agreement). Please be advised,  pages 2 and 3 of the Agreement along with Paragraph 27 of the Terms & Conditions  disclose  all contractual fees associated with the Agreement.   Our records show that Mr. [redacted]’s processing account became active on April 28, 2016 for a term of 1 year.  The Merchant has used the account and equipment to process transactions during the month of May.  All monthly fees charged to the Merchant are in accordance with the signed Agreement.  Please note,   Mr. [redacted] signed page 4 of the Agreement which clearly states that all equipment sales are final.   At this time we will stand by the signed Agreement and no refunds will be given at this time.  Please note that if Mr. [redacted] wishes to close his account he may do so by submitting a signed closing letter by fax to [redacted].  Please be advised, any attempt to terminate the Agreement outside of the applicable term will result in an Early Termination Fee of no less than $495.00(See, ¶23 of the Terms & Conditions)     We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly.   Sincerely,   Kourtney K[redacted] Merchant Relations

Dear Ms. [redacted]:   In an effort to resolve this matter amicably and as a gesture of good faith, we will agree to waive the early termination fee and close Mr. Pisor’s processing account with EMG upon receipt of a closing letter. The closing letter must contain Ms. Pisor’s written signature and be...

submitted by fax at 866-347-0278 no later than March 30, 2018. Ms. Pisor will remain responsible for March 2018 processing fees.   We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly.   Sincerely,   Merchant Relations

Complaint: [redacted]
I am rejecting this response because: the Sales Manager who advised to tell the Leasing Company that is was functional and that they would continue to work on the issues that I outlined. The POS system was not functional at all on April 29th (just plugged in) so that it would appear that it was functional and has never been used for a customer transaction. Eliot Management Company never fulfilled their part of the contract and had my money taken with no regard to my inability to use this in my business on a daily basis. I will not honor a contract that was forced upon  me and my company by Eliot Management Group and their leasing company.I have made additional attempts to resolve the issue several different times. As you can see below, the Sales Manager, Colston acknowledged his company did not fulfill their part of the contract (see email communication). The date of this email is May 13th which is after April 29th when supposedly the POS system was up and functional.[redacted]Good morning Kelly,
I appreciate you reaching out to me and letting me know the issues you are having. I have made everyone aware of this and we will get right on it. I heard we just got the new printer for you and we will make sure this POS gets set up soon to meet your standards.
We appreciate your patience.
Thanks again,
Colston R[redacted]
District Sales Manager
200 Union Blvd. Ste. G-12
Lakewood, CO, 80228
Office: [redacted] ext. [redacted]
Cell: [redacted]
Sincerely,
Kelly F[redacted]

Complaint: [redacted]
I am rejecting this response because:The sales woman Vitya phone number ###-###-####, told me this was a month to month service and I could cancel any time. She was shuffling paper. I felt I should be recording the conversation which I have never had that feeling in my life. The grocery store [redacted] has recordings of their store and I will be speaking to them tomorrow as getting that data to prove what occurred. It ended up being 2 companies 2 separate contracts and none of this information was disclosed. I have sent in misrepresentation paper work to Leasing Company in Chicago IL. As you can see the copy that was sent to me is filled out, yet the copy I physically have is blank. The area circled clearly states that all blank terms on page were filled in.They were not. This is an unethical moral-less business practice.  Their company may have rules but they were broken and not followed. Shame on this company for having unethical sales people.  
Sincerely,
[redacted]

Dear Revdex.com Complaint Department: We are in receipt of Mr. [redacted]’s rebuttal to our original response.  In response thereto we direct you to the documents we submitted previously with the Merchant Application and Agreement and the Ascentium Lease provided for your reference. EMG provided the merchant with the equipment needed to process his transactions with the Ascentium Lease. The merchant has used the equipment to benefit from processing over $54,000. We will stand by the signed Agreement and Lease at this time. By signing the Lease, the merchant agreed that “This is a non-cancelable lease for the term indicated” (See page 1, ¶2). In a gesture of good faith, we conducted an additional rate review designed to lower the merchant’s rates and fees. The merchant should approve the rate review in order to have his rates and fees reduced further.   We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations

Complaint: [redacted]
I am rejecting this response because: They continue to charge my account after cancelling and returning the terminal that was never used. I am asking to recover the total amount listed below:$379.05 equipment purchase fees, $55.91 fees, $20.80 fees (First Advantage Statement), $54.96 fees, $12.95 fees (First Advantage Statement).Total refund of $523.67
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because:  The $300 reduced fee for early exit I do not find satisfactory,given it would be equal or more than the ongoing monthly fee of $25.96I still would have to pay until February.  A $100 exit fee I wouldfind appropriate at this point.   The forms displayed in Eliot's company reply I acknowledge I hadsigned. What the company did NOT acknowledge is the that they failedto inform me of the original $495 exit fee BEFORE I SIGNED the papers.That's the problem I have here. The reference to that fee is buried inpages and pages of fine print. The other problem I have is that theyfailed to advise me of the annual $124.75 compliance fee. Only themonthly fees, which at the time of signing totaled $15.95 or so, wereexplained.Sincerely,Paul L[redacted]P. S. I am currently on vacation. Will be back at my residence on June23, Tuesday.
Paul L[redacted]

Complaint: [redacted]
I am rejecting this response because:   those reasons1) EMG said "Mr. [redacted] has been given assistance by both the Sales rep and Sales manager in the setting up of the equipment and he has been thoroughly trained on the system."    but I am insisting that EMG's argument is totally not right.  This problem was start when Sales rep was trying to setup the POS for test period. He cannot put any menu items on POS, which took more than 5 weeks. He opened boxes and installed machines and tried to put our store menu but he did not any progress at all. I did not have any opportunity to do any single transaction with this POS.  How can EMG say I am fully trained.   This is  ridiculous. EMG is lying.2)EMG said "Our records indicate that Mr. [redacted]’s issue with the equipment is that he does not like the menu features. This was confirmed by his son [redacted] when he contacted us on May 5, 2015.  Mr. [redacted]’s dislike of the menu in no way hinders him from running his business or using the equipment to process payments.  " In my opinion, POS  should be a custom-tailored, but EMG's has only hardware no software for me at all.In other words, I ordered  a professional soccer shoes for professional match but they send me a rugged sandal without any laces which cost about $5,000.00. EMG did not fulfill his role and only talking about NON -Cancellable Lease.  Please consider customer first.3) I already shipped all your POS to your company. I did not do any transactions with this machine. 4) I do not know Lease company which your company brought to me. I even did not know lease company and POS company were separated. Anyway I do not pay any single penny without any proper services and goods.If your company care really a customer like me please reconsider your business attitude or policies toward customers.
Sincerely,
[redacted]

Dear Ms. [redacted]: We are in receipt of Ms. [redacted]‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.  Ms. [redacted] signed the Agreement...

on January 23, 2017. By signing the Agreement, she agreed to have received, read, and be bound by the Agreement and the Terms & Conditions. Our records indicate that Ms. [redacted] never processed on her account with Eliot Management Group (“EMG”). As a gesture of good faith and in an effort to resolve this matter, we have waived the balance in collections currently so that Ms. [redacted] does not owe any money to EMG. Ms. [redacted] should disregard any collections letter she may receive in the next few days as it takes some time for the system to be updated. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations

Dear Ms. [redacted]: We are in receipt of Ms. [redacted]‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.  On June 18, 2015, Ms. [redacted]...

signed the Agreement with Eliot Management Group (“EMG”). By signing the document, she acknowledged to have received, read, and be bound by the Agreement and the Terms & Conditions. Paragraph 27 of the Terms & Conditions includes a disclosure at the end of the paragraph stating, “Bank shall have the absolute and unconditional right to introduce new fees and increase Discount Rates, Transaction Fees, Authorization Fees, Per Item Fees (…) for any reason when deemed appropriate in Bank’s sole discretion. Said changes will be available thirty days prior to the implementation at www.firstview.net (See, Page 6). Our records indicate that Ms. [redacted]’s transaction fees have been increased to $0.11 per transaction, as she stated in her complaint. As a gesture of good faith, and to assist Ms. [redacted] further, we have been working to lower those transaction rates back down to the $0.05 per transaction Ms. [redacted] claims to have been promised by the sales manager. We hope that by assisting to lower those rates, that Ms. [redacted] will be again satisfied with her service at EMG. EMG appreciates all its merchants, and seeks to correct issues quickly for those merchants who bring the matter to EMG’s attention. Amber P[redacted], a merchant relations specialist at EMG, is working with Ms. [redacted] in order to get those fees down. She has already gotten approval to lower Ms. [redacted]’s transaction fee back down to $.05. She has contacted Ms. [redacted] directly with the Rates and Fees Addendum page EMG needs on file to make the fee change to the account officially. Ms. [redacted] needs only to sign and return the document to have her transaction rate back to $.05. We hope in the future, if Ms. [redacted] has any concerns with her service, that she would contact EMG directly at [email protected], where and issues or concerns would be immediately addressed and she would have personal service from the merchant relations team to assist her. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Karrah S[redacted] Merchant Relations Specialist

Dear Ms. [redacted]: We are in receipt of Ms. [redacted]‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review.  On January 25, 2017, Ms. [redacted]...

digitally signed the Agreement and agreed to have received, read, and be bound by the Terms & Conditions with Eliot Management Group (“EMG”). Our records indicate that there were problems from the beginning of the account with the setup and arrangement to get our equipment working with the merchant’s existing POS system. EMG was working on the case, trying to get in touch with Talech, and working on acquiring the free loaner equipment for Ms. [redacted]. The equipment was listed in the system as swapped equipment, and therefore had a period of 30 days to return different equipment or for someone to close the ticket before an automatic non-returned equipment fee would be charged. The equipment was an iPP320 pin pad and an iCT220 terminal. Both were listed in our ticket system on January 31, 2017, and were not received at our deployment location for the tickets to be closed before the 30 days was up, which led to the non-returned equipment fees that Ms. [redacted] found charged to her account on March 6, 2017. As a gesture of good faith, we are refunding Ms. [redacted] both $643.20 fees and the monthly fee of $56.67 charged on 3/2/2017. Unfortunately, our refund process will not allow us to process any refund before a week has passed to ensure that the funds cleared the merchant’s account and avoid a bank return. This means that the $56.67 should be refunded back to the merchant’s account within the next few business days, as early as tomorrow, or late as Monday. The large non-returned equipment fees are not able to be processed by our system until Monday, March 13th, meaning that the funds will be deposited into the merchant’s account as early as Tuesday, March 14th,. They possibly could show up in Ms. [redacted]'s account a few days later. We apologize for all the problems the merchant has had to face, and are working to resolve these issues fully and speedily. If Ms. [redacted] would please have patience with the process taking a few days to fully implement, we should have all the fees returned to Ms. [redacted] as quickly as possible. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations

Dear Mr. [redacted]:   We have made several attempts this week to contact Mr. [redacted], with no response.   In order to have his concerns addressed directly Mr. [redacted] may call Ms. Amy W[redacted] at ###-###-#### for further assistance with this matter. We appreciate your attention to this matter.  Sincerely, Kourtney K[redacted] Merchant Relations

Complaint: [redacted]
I am rejecting this response because:On June 19, 2015, the $54.91 that was supposedly refunded on June 3rd was declined by Eliot Group. Therefore, it has not been refunded.We would like the entire termination fee refunded as promised.Please see the email that David S[redacted] wrote on May 26, 2015:On 5/26/2015 10:45 AM, David S[redacted]
wrote:


Donna,

If that is what you would like I will make sure you don't have to
pay the Early Termination Fee. However, as I stated in previous
email, these rates are much better than what you had. You will
save money. Furthermore, I will have Amber remove the two years
from the addendum.

Donna, I did not try to mislead you. I made a mistake when I keyed
in the pricing, but we are rectifying that. If you can see your
way clear to giving me another chance, I will make it up to you.

Sincerely,

David S[redacted]

Sent from my Virgin Mobile Android-Powered Device

----- Reply message -----
From: "Donna M[redacted]" <[redacted]>
To: "David S[redacted]" <[redacted]@e-mg.com>
Subject: Rates and Fees Reduction
Date: Tue, May 26, 2015 10:29 amWe would like the $54.91, which was a fee for taking payments in March when we were not yet set up to take payments, refunded along with the $495 termination fee.

Sincerely,
Donna M[redacted]

Dear Mr. [redacted]:   We are in receipt of Ms. [redacted]‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”) signed by Dr. [redacted], and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review. ...

  On June 28, 2016 Dr. [redacted] entered into the Agreement for credit card processing services with Eliot Management Group (“EMG”).  By signing the Agreement he acknowledged to have received, read and agreed to be bound by the Agreement and its Terms and Conditions, and no verbal agreements have been made (See, page 5 of the Agreement).  The month to month Agreement began with Bank acceptance, and will automatically renew each month unless Merchant sends and Bank receives a signed letter of non-renewal no less than 30 but no more than 90 days before the end of the applicable term (See, ¶ 23 of the Terms & Conditions).  Please be advised that all fees are clearly disclosed on page 3 of the Agreement and ¶ 27 of the Terms & Conditions.   On August 8, 2016 Dr. [redacted] contacted EMG requesting to close his account along with a refund for monthly fees.  At that time he was advised that the monthly fees charged were contractual and could not be refunded, closing instructions for his account were also provided.   At this time we will stand by the signed Agreement, and no refunds will be provided ;however if Dr. [redacted] still wishes to close his account he may do so by faxing in a signed closing letter ###-###-#### attention: Merchant Relations he may also scan and email the request to [email protected] .  We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly.   Sincerely,   Kourtney K[redacted] Merchant Relations

Dear Revdex.com Complaint Department:   We have reviewed Mr. [redacted]’s recent rebuttal and have additional information to provide. We looked into Mr. [redacted]’s request and found that the check for the lease buyout was still in the process of being sent out by our Accounting department so we were able to cancel the buyout payment. As such, upon receipt of the equipment from Mr. [redacted], we will chargeback the lease.  Also, we will agree to close the processing account without penalty upon receipt of a closing letter signed by Mr. [redacted] as well as the $94.77 payment by February 17, 2017.  The closing letter should be faxed to 866-347-0278 or scanned and emailed to [email protected].   We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly.   Sincerely,   Merchant Relations Eliot Management Group

Dear Ms. [redacted]: We are in receipt of Mr. [redacted]‘s complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”), the Merchant Processing Terms & Conditions (“the Terms & Conditions”), and the Non-Cancellable Lease (“Lease”) for your...

review.  Mr. [redacted] signed the Agreement with Eliot Management Group (“EMG”) on November 20, 2013. By signing the Acknowledgments page of the Agreement, he agreed to have received, read, and be bound by the Agreement and the Terms & Conditions. It also states that no verbal agreements or representations have been made, to rely solely on the Agreement and Terms & Conditions. It is clearly defined on page 1 and 2 of the Agreement, the fees that will be charged to process on the account. Mr. [redacted] was given explicit breakdown of the rates and fees when he signed the Agreement. On the same day Mr. [redacted] signed the Agreement with EMG, he also signed a Lease for equipment through Lease Finance Group (“LFG”), a separate entity from EMG completely. The lease states clearly on the top of the form that it is a Non-Cancelable Lease. Mr. [redacted] agreed to Lease HioPos for $165 per month plus taxes and Loss and Destruction waiver for 48 months. The terms are clearly disclosed on the first page of the Lease contract. On the second page of the Lease, an entire paragraph is dedicated to the fact that the Lease cannot be cancelled. The first page of the lease clearly states that “Lessee agrees to be bound by all the terms of this lease.” Mr. [redacted] has benefitted from EMG’s services and LFG’s equipment to process over $400,000 in the last three years. We will stand by the signed Agreement and Lease at this time in regards to this matter. Mr. [redacted] remains bound by his signature on both contracts. Should Mr. [redacted] choose to close his processing account with EMG before his Anniversary Date of 11/21/2017, he will be assessed the contractual $495.00 Early Termination Fee as stated on the Acknowledgements page of the Agreement and in paragraph 23 of the Terms & Conditions. We appreciate your attention to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly. Sincerely, Merchant Relations

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

Dear Ms. [redacted]:   We are in receipt of complaint # [redacted] and are unable to locate a merchant account with the information provided. As such, we ask that the complainant please send us the account information associated with this matter for further review.   We appreciate your attention...

to this matter.  Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directly.   Sincerely,   Blanca V[redacted] Coordinator, Merchant Relations