Eliot Management Group, LLC

Complaint: [redacted] I am rejecting this response because:The business made no reasonable attempts to initiate contact with meMy contact information was

Dear MsG***: We are in receipt of MsS [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 S [redacted] executed an agreement with Eliot Management Group (“EMG”) for credit card processing services on November 13th, 2014, and signed documentation agreeing to have received, read, and be bound by the Agreement and the Terms & Conditions (See, pages and of the Agreement)The Agreement clearly states it is for a three (3) year term with one (1) year auto-renewals unless terminated by the merchant in writing no less than thirty (30), but no more than ninety (90), days prior to the end of the applicable term; termination outside these guidelines is subject to an early termination fee of no less than $(See, ¶of the Terms & Conditions)MsS [redacted] also executed an Addendum for Seasonal Merchants (“the Addendum”) which states that the account will be automatically activated on October 1st and automatically deactivated on May 31st of each calendar year A copy of the Addendum has been enclosed for reference Ms S [redacted] ’s account became active on November 14th, Our record indicates that the account has been used to process transactions totaling over $ [redacted] We show that on August 12th, 2015, MsS [redacted] expressed her desire to close the account due to going out of business and at that time she was advised of the account’s term end date of November 14th, Should MsS [redacted] wish to close the account without penalty at the end of the current term, she must submit a signed notice of non-renewal no later than October 14, 2017, but no earlier than August 14, Termination of the account at this time will be assessed the $early termination fee We appreciate your attention to this matterShould you have any questions or need any additional information, please do not hesitate to contact the undersigned directly Sincerely, Frankie M [redacted] Merchant Relations

All of these responses keep saying the same thing about be signing the agreementI understand I signed that agreement but the gentlemen sitting across from me, gave me their word that it would not start until I gave them the go ahead which I also told them would be a couple of months since my husband was about to go in for back surgery in a couple of daysI took their word at face valueThe 2nd portion you keep saying is that I ran transactions on the account, this was for the swiper account which I was also told by Rick that it was separate accounts that had nothing to do with each otherThe Online account was never used and that is also the one that keeps charging me PCI feesI NEVER ran one single transaction through this accountAgain, of the representatives from Eliot Management Group out of Charlotte made a promise to me that they did not keepThey know this to be true, because neither one of them have never returned my calls before this went to the Revdex.comI have countless text messages between Rick and I that state cancellation requests, state that they are working on my refunds, state that the swiped account is separate from the MOTO account, state that the account was not supposed to be started yetShould I attach these to the next offer I decline? These gentlemen misrepresented themselves about your company and it's procedure's to me and they know itWhy has no one mentioned them through all of this? Why has no one asked them what they promised me? I was lied to, promised things that apparently they can't promise and feel that they did not follow through when I made inquiries about the fees being charged to meI trusted that they were working on getting me credits, cancelling the account when I found out it was active and going to make this all OK with me and my bank accountA verbal agreement is just that, verbalWhy would I write it on an agreement? Please advise which supporting documents you may need to settle this once and for all because I have them all!

Complaint: [redacted] I am rejecting this response because:Eliot only made attempt to resolve the dispute after I had cancelled my contract Over one year of efforts were made with no resolution.I stand by my decision to cancel contract and refuse early termination fee due to Eliot's failure to stand by the terms of their contract Sincerely, [redacted]

Dear BBB Complaint Department, We are in receipt of Mr. ***’s rebuttal to our original response. We also have the closing letter Mr. [redacted] sent in June of 2016. In a gesture of good faith and in an effort to resolve this matter amicably, we have closed Mr. ***’s processing account without penalty and requested a refund of all charges since inception of the account. We have processed the refund for $452.53 and Mr. [redacted] should see it in his account in 5-7 business days. We consider this matter now closed, and hope that the resolution satisfies Mr. ***. Should you have any questions or concerns, please do not hesitate to contact the undersigned directly. Thank you, Merchant Relations

Dear Ms***: We are in receipt of Mr***‘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, By signing the Acknowledgments page of the Agreement, he agreed to have received, read, and be bound by the Agreement and the Terms & ConditionsIt also states that no verbal agreements or representations have been made, to rely solely on the Agreement and Terms & ConditionsIt is clearly defined on page and of the Agreement, the fees that will be charged to process on the accountMr [redacted] was given explicit breakdown of the rates and fees when he signed the AgreementOn 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 completelyThe lease states clearly on the top of the form that it is a Non-Cancelable LeaseMr [redacted] agreed to Lease HioPos for $per month plus taxes and Loss and Destruction waiver for monthsThe terms are clearly disclosed on the first page of the Lease contractOn the second page of the Lease, an entire paragraph is dedicated to the fact that the Lease cannot be cancelledThe 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,in the last three yearsWe will stand by the signed Agreement and Lease at this time in regards to this matterMr [redacted] remains bound by his signature on both contractsShould Mr [redacted] choose to close his processing account with EMG before his Anniversary Date of 11/21/2017, he will be assessed the contractual $Early Termination Fee as stated on the Acknowledgements page of the Agreement and in paragraph of the Terms & ConditionsWe appreciate your attention to this matter Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directlySincerely, Merchant Relations

Dear MsG***: Please be advised that this is the first time we are receiving MrS***’s complaint Eliot Management Group (“EMG”) takes these matters very seriously and we strive to provide prompt attention to each matter received We show MrS [redacted] signed a processing agreement with EMG on December 2, and under that agreement, a credit card processing account was created The agreement states it is for a term of years with an applicable early termination fee of $ MrS [redacted] closed his account prior to the end of the contractual term on February 27, and therefore his account was charged the $early termination fee However, in an effort to resolve this matter promptly and amicably we will agree to refund the $ These funds should be credited to the bank account on file within the following to business daysWe appreciate your attention to this matter Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directlySincerely, Blanca V***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***: We are in receipt of Mr***‘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] entered into the Agreement on June 21, By signing the Agreement, he agreed to have received, read, and to be bound by the Agreement and the Terms & ConditionsWe do not have any record of Mr [redacted] attempting to close his account with Eliot Management Group (“EMG”) until February It clearly states in the Terms & Conditions paragraph 23, that in order to close his account, Mr [redacted] would have needed to send in a closing letter with his signature, and verified with the company after that his closing letter was receivedTo date, we still have not received a closing letter from Mr***If Mr [redacted] has any supporting documentation of his account closure, we would be happy to review it and the refund request again at that timeAs of now, the account was opened per the contract and the service was available, therefore, the charges made from June to the present are validNo refunds will be given at this timeMr [redacted] can still close his account by emailing a signed closing letter to [email protected] or faxing to 866-347-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 directlySincerely, Merchant Relations EMG

Complaint: [redacted] I am rejecting this response because:I was not informed about the monthly fee whatsoever.I was told that the reader purchase would be the only fee I would pay.I was given the agreement in a manner "please sign here and date" Sincerely, [redacted]

Dear Mr. [redacted] : We are in receipt of Ms. ***‘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 Ms***: 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 systemEMG 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 days to return different equipment or for someone to close the ticket before an automatic non-returned equipment fee would be chargedThe equipment was an iPPpin pad and an iCTterminalBoth 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 days was up, which led to the non-returned equipment fees that Ms [redacted] found charged to her account on March 6, As a gesture of good faith, we are refunding Ms [redacted] both $fees and the monthly fee of $charged on 3/2/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 returnThis means that the $should be refunded back to the merchant’s account within the next few business days, as early as tomorrow, or late as MondayThe 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 laterWe apologize for all the problems the merchant has had to face, and are working to resolve these issues fully and speedilyIf 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 possibleWe appreciate your attention to this matter Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directlySincerely, Merchant Relations

Dear Ms***: 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 Ascentium Lease (“Lease”) for your review The merchant signed the Agreement and the Lease on December 02, By signing, the merchant acknowledged that he had received, read, and agreed to be bound by the Agreement and the Terms & ConditionsThe Agreement term was originally months, extended to December from a previous rate reviewThe Lease is non-cancellable, for a term of monthsThe merchant has been in contact with us, has received a copy of the Agreement and the Lease, and is also in receipt of another rate review established as a gesture of good faith to lower the merchant’s rates and fees going forwardWe await the response from the merchant as to his agreement with the rate reviewAt this time, we must stand by the Agreement the merchant signedIf the merchant wishes to close his processing account with EMG, he may do so but will incur a $early termination fee for discontinuing the Agreement before the scheduled expiration dateThe Lease is non-cancellableWe appreciate your attention to this matter Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directlySincerely, Merchant Relations

Dear Mr [redacted] , We are in receipt of Ms**’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 [redacted] (“Merchant”) signed the Agreement with Eliot Management Group (“EMG”) and agreed to the Terms & Conditions on April, 17, By signing, the merchant acknowledged that (1) they received, read and agreed to be bound by the Agreement; (2) no verbal agreements or representations had been made; and (3) they relied solely on the Agreement and the Terms & Conditions (See pages and of the Agreement) The Early Termination Fee of $495, the three year contract term, the one-year automatic renewal after contract end, and the requirement that in order to stop the renewal, the Merchant must give written notice no less than 30, but no more than days prior to the end of the applicable term, are clearly delineated in the Terms & Conditions on page 4, paragraph Our records indicate that in August of 2016, no less than chargebacks occurred on the merchant’s accountNormally, the chargeback amounts would be automatically debited (per paragraph in the Terms & Conditions) from the Merchant’s bank accountHowever, the Merchant has a history of NSF rejects on this account, and so was placed in suspension until monies owed to the company are satisfied from amounts processed through the account The current amount on hold is $1,826.79, and is short $to fully satisfy the chargebacksWhen the $is collected, the account will be fully restored, and any additional funds will be released to the merchantPlease note that “Merchant expressly acknowledges and agrees to any charge or debit made by Bank against any of Merchant’s accounts as a result of the exercise of chargeback or retrieval rights Merchant also understands and acknowledges that Bank may debit or reduce Merchant’s bank account ( ), and/or demand immediate payment from Merchant ” (See, paragraph in 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 directlySincerely, Karrah S [redacted] Merchant Relations

Dear MsG***: We have reviewed MsM***’s additional correspondence; however, EMG made every effort to satisfy the merchant’s processing concerns We reached out to the merchant within the first days of account acceptance and confirmed the merchant was happy with our services Further, once we received notice of the merchant’s concern with the rates and fees, we attempted to lower the fees to the merchant’s satisfaction; although we determined upon review of the merchant’s statements that the merchant was saving on their processing with EMG prior to the rate review addendum Nonetheless, the merchant chose to terminate their processing account At this time we stand by the signed Agreement and the early termination fee is valid Thank you for your attention to this matter Sincerely, Blanca V [redacted] Merchant Relations

Dear Ms***: 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 [redacted] signed the Agreement on April 23, By signing, he agreed to have received, read, and be bound by the Agreement and the Terms & ConditionsThe Terms & Conditions clearly state that unless the merchant gives (and Bank receives) written notice of non-renewal, the Agreement will automatically renew for one-year periods following the initial termFrom November 19, to September 21, 2017, we received no documentation or calls by the merchantNo closure notice was received during this timeWhen the merchant claimed to have closed the account in 2014, we offered to refund the merchant for the mistake if the merchant could produce the fax confirmation page for the fax or a certified mail receipt for a letterThe merchant could produce neither itemAs a gesture of good faith, we closed the account without penalty to the merchant on September 22, As we have no record of the account closure letter or call from 2014, no refunds will be consideredWe appreciate your attention to this matter Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directlySincerely, Merchant Relations

Dear Ms***, We take our merchants' concerns very seriouslyWe are in the process of thoroughly investigating this matter and will reply as early as possible with our detailed response Thank you for your attention, Merchant Relations

Dear Ms***: We are in receipt of Ms [redacted] ‘s complaint In response thereto we have enclosed the Merchant Application & Agreements (“the Agreements”) and the Merchant Processing Terms & Conditions (“the Terms & Conditions”) for your review The merchant’s accounts became active on 6/1/The merchant, by digitally signing, acknowledged that she had received, read, and agreed to be bound by the Agreements and the Terms & ConditionsWe have no records of the merchant calling the local headquarters, and our system implementation team contacted the merchant between the dates of 6/to 6/to set up the accounts and was given no notification that the merchant wanted to close the accounts or that the merchant was unhappy Customer service is available 24/to the merchant at 844-898-We have records of the merchant calling to close the account starting on 9/16, and no calls before that It clearly states on the Acknowledgements page and ¶of the Terms & Conditions that if the account is closed before the three year term was over, that the merchant would be charged $minimum per location to close the accountThe Terms & Conditions also state that written closure notice is necessary to close the accountAs a gesture of good faith and to resolve this matter amicably, we will close both of the accounts without penaltyWe appreciate your attention to this matter Should you have any questions or need any additional information, please do not hesitate to contact the undersigned directlySincerely, Merchant Relations

Dear Ms. ***: We have reviewed Mr. [redacted] ’s case in detail and appreciate the opportunity to respond. We regret Mr. [redacted] 's experience and would like to resolve this matter amicably. As a gesture of good faith we will be refunding the fees charged to the merchant totaling $73.92 (2 at... $36.96) and will agree to close Mr. [redacted] ’s account upon receipt of a closing letter signed by the contract signer. The closing letter may be faxed directly to 866-347-0278 for expedited handling. The refunds have been placed and Mr. [redacted] should see the funds credited to his account as early as tomorrow. Thank you for 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

Dear Mr***:We have received Ms***’s additional correspondenceThe previously sited Agreement signed by Ms*** states that no verbal agreements had been made, and she would rely solely on the Agreement, and the Terms & ConditionsParagraph of the Terms & Conditions contains clear language stating that the Agreement commenced with Bank Acceptance Our records indicate Ms*** did process and receive benefit from the account, was educated on PCI compliance, and all fees were disclosed nonetheless; she has been refunded over $*** in feesPlease note that we cannot refund Ms*** NSF fees and, at this time we feel no further refunds are due. 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*** Merchant Relations