FIRST AMERICAN PAYMENT SYSTEMS

Dear Ms. [redacted], We have reached out to Mr. [redacted] directly to discuss this matter. We have received a signed closing letter from Mr. [redacted] as discussed per our phone conversation this afternoon.  Therefore, we will close the lease # [redacted] without penalty. This will stop any more...

deductions from coming out of Mr. [redacted] account. 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, [redacted] Merchant Relations Specialist

Please refund another 3 months. Your representative made the mistake and turned in my paperwork when I clearly told her not to. She basically opened an account for me without my knowledge. I have told her to put it on hold and she has confirmed it is on hold yet somehow it was turned in. 
Regards,
C [redacted]

Dear Ms. [redacted]: We are in receipt of Ms. [redacted] complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”), the Merchant Processing Terms & Conditions (“the Terms & Conditions”), the Non-Cancelable Commercial Lease Agreement (“Lease”),...

and the merchant’s closing letter for your review.  On June 18, 2015, Ms. [redacted] digitally entered into a processing Agreement with First American Payment Systems. She agreed to have received, read, and be bound by the Agreement and the Terms & Conditions (see page 3 of the Agreement). Our records indicate (merchant) used and received benefit of the processing account to process over $105,188.20 in credit card transactions. Also on June 18, Ms. [redacted] signed the Lease for one of the two terminals that were used at the location of the business. The terms of the Lease were $30 plus taxes and loss and destruction waiver for 48 months. At this time, Ms. [redacted] still owes 30 of the 48 payments to [redacted], a division of First American Payment Systems. Our records indicate that Ms. [redacted] was fully participatory in the inception of her account, as evidenced by the usage and processing done on the account, as well as her closing letter (attached) which shows her knowledge of the account and the merchant ID number, as well as having knowledge of closing procedures. Also, Ms. [redacted] called in to find out about closing procedures on 08/24/2016 and did not mention fraud or any issues with her account. Also, Ms. [redacted] on 9/16/2015 completed the PCI survey for her account and business in an effort to avoid PCI non-compliance fees typically assessed. She called in numerous times to customer service about various topics, and never once stated any issues with her account being fraudulent or that her signatures were invalid. As a gesture of good faith, we will decrease the amount Ms. [redacted] owes to First American Payment Systems to only $1080, if Ms. [redacted] will agree to pay the reduced balance. Ms. [redacted] should contact [redacted] at [redacted] to make payment arrangements for the balance owed. 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 have determined that this does not resolve my dispute.
Please enter your reason(s) for rejecting the business response below.I have reviewed the contract.  The contract was not signed by me.  There for I have sent in a closing letter that meets requirements and another closing letter with my signature written out 5 times along with my drivers license as well to confirm that my signature is not on that application.  I have looked at the application for the first time a few days ago when First American sent it to me.  I would not have signed that application because there are too many fees on it, and for a small business like mine $36.50 service charge and $.25 every time I settle plus the normal 2. what ever percentage hurts a $300 or $400 a day operation. I appreciate First American waiving the $495 Early Termination fee and closing my account.
Regards,
[redacted]

Revdex.com:
I don't accept First Anerican Payment resolution of refunding me additional 3 months. I need them to refund me additional 6 months.

Complaint: [redacted]
 
I am rejecting this response because:Here is an email from the New business owner to [redacted] and [redacted] today: The new owner is willing to sign and pay. So, I need to be released from liability.I am also attaching documentation showing the new business owner registration with the state along with his banking details showing he has in fact received funds from this company to his personal banking account without me as an owner.  I have also filed a compliant with the consumer protection act with the attorney general in the state of Texas.NEW OWNER EMAIL Dated 1/12/18[redacted] and [redacted]I am just getting back in town from a furniture show and spoke to [redacted] regarding this chargeback issue. I obviously am taking on full responsibility as I purchased [redacted] out way before these issues came up. Lars was given very clear instructions to change the account over time my name and we have lots of communication showing that. Regardless, I am trying to get the business back to a healthy state and get people paid off. We essentially ran out of operating capital and were not able to place an order with a large manufacturer, hence the reason for the people not being able to get their products. I have since brought on a little money to help us get back on track, we are restocked with lots of inventory and should make some pretty decent money over the next 60 days.Can you please let me know how much is currently owed so I can set up a payment plan with your company. I fully plan on getting you paid backThanks in advance.[redacted]Sent from my iPhone
Regards,
[redacted]

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.  The contract was electronically...

executed on June 5, 2017. By typing their name into the online application, the merchant agreed to have received, read, and be bound by the Agreement and the Terms & Conditions. Our records indicate the merchant’s bank account rejected the monthly fees withdrawal on September 8, 2017, and the account was automatically closed and placed for collection of the monthly fees and the contractual early termination fee (See, Acknowledgements pg. 4 and paragraph 23 of the Terms & Conditions.) As a gesture of good faith, the collections balance has been waived and the merchant’s account is closed in good standing as of September 12, 2017. Mr. [redacted] owes nothing further to First American Payment Systems. 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

Our cr**it card processing service work** great for 2.5
years before we began experiencing double charges on our customer’s
purchases.  Each time we contact**
Payscape (contract administrator) we were referr** to First American Payment
System for customer service as well as technical support.  Each time they inform** us that the double
charge should not possible but acknowl**g** that it had occurr**.  Their belief was that it was equipment
failures but had no solution.  I sent a letter detailing my issues to the Payscape CEO (see attach**) on October 22, 2015, but never receiv** a response.  After the
5th occurrence, I spent several hours tal[redacted] with [redacted] and [redacted]
(Director of Support Payscape).  I
attempt** to have the issue resolv**, but they could not provide an
answer.  They referr** me to James in
customer retention First American Payment System who fil** an issue ref. #5466635.  He cancell** the processing contract and
referr** me to [redacted] (Leasing Administrator) to address the equipment
contract (Merimac Capital).  She cancell** that contract
and sent verification to me as well as her supervisor [redacted].  She also connect** me to her supervisor’s
voice mail to leave a message about waiving the cancellation fees.  I also sent a fax (confirmation provid**) to
Mr. [redacted] to confirm the voice mail. 
There was no response to that or any subsequent voice mails.  The only response that I have receiv** has
been the collection notice from [redacted]allis. 
It is very frustrating that Ms. [redacted] would suggest that they have not
been contact**.  This was the same response that I receiv** from Payscape Director of Support (see attach**).  I am sure that Ms. [redacted] is very aware that all conversation are
record** by First American.  They inform** me that they  pull**
these recording to review my calls before deciding to refund the Payscape fees.  Had equipment replacement been the
resolution, I would think that their technical support group would have
suggest** that occur.  They also bill**
for the equipment (see attach**) even though they fail** to provide return instruction (see
fax confirmation to [redacted]).   If they want the equipment, they should provide return instructions.As one can see, we have tri** to reach a resolution with First American Payment System / Payscape Advisors / Merimac Capital for several months.  Changing cr**it card processing companies is not an easy or smooth process and we would have much preferr** to continue our business with Payscape Advisors, but this was not possible with these errors occurring with our customer purchases.  They have repeat**ly refus** to provide an escalation process to resolve problem. I again request that Merimac Capital cancel all billing associat** with the equipment lease.  I also request that they STOP all collection attempts from all First American Payment Systems business groups and recall any negative reporting against my business or personal cr**it with any cr**it bureau.  Issue a letter from First American Payment Systems releasing my company from any and all contracts and fees associat** with this business relationship.

Dear Ms. [redacted],We have reviewed the information given from the merchant on this complaint and cannot locate an account for this merchant. Without a Merchant ID number, account number, location number, or any of the information on the account, we cannot investigate this complaint and respond...

accordingly. If the merchant would please provide some additional information so that we can locate the account in question, we can then properly address the complaint. Thank you for your time, should you need anything please contact the undersigned directly. [redacted] 
Merchant Relations

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] executed an agreement with...

First American Payment Systems (“First American”) for credit card processing services on January 6,2016, and signed documentation agreeing to have received, read and be bound by the Agreement and the Terms & Conditions ( See, pages 3 and 4 of the Agreement).  Page 2 of the Agreement and paragraphs 21 and 27 of the Terms and Conditions clearly disclose all fees charged to the merchant.   Our records indicate that Ms. [redacted]’s account was charged the PCI fee of 124.75 for the month of April, and contractual fees in the amount of $54.05 for the month of May in accordance with her signed Agreement.  On May 11, 2016 Ms. [redacted]’s account was closed with no fee and in good standing.   At this time as a gesture of good faith and in order to resolve this matter amicably First American will refund Ms. [redacted] the monthly fees for May in the amount of $54.05. Please allow 3-5 business days for her account to be credited.   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.   [redacted]
 
 
 
[redacted]

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.
Regards,
[redacted]

We are in receipt of Mr. [redacted] complaint.  In response thereto we have enclosed the Merchant Application & Agreements (“the Agreements”), the Merchant Processing Terms & Conditions (“the Terms & Conditions”), and the Non-Cancelable Leases (“Leases”) for your review.  By...

way of background, several security measures are performed to ensure the identity of the merchant is validated in order to submit the online Agreements and Leases.  The online submission process is initiated by the sales representative who completes the required information on the application using the information provided by the merchant.  Upon completion, the application is submitted to the merchant by email for review and approval.  The email received by the merchant contains step-by-step instructions for submission of the application.  These instructions include several security questions the merchant must answer correctly to validate their identity and access the application.  Upon access, the merchant reviews the application, which clearly shows the rates and fees and terms of the Agreement, as well as the term and fees of the Lease.  The merchant must check several boxes acknowledging acceptance of the Agreement and its terms and conditions.  At the end of the electronic form, the merchant is provided the option to accept the application by filling in their name, or decline the application and provide a reason. The merchant is given an additional opportunity to review the Lease information and type his/her name for the Lease acceptance. Once the merchant fills in their name, the electronic signature of the merchant is acknowledgment of the agreement and the IP address of the device used by the merchant to accept the application is recorded and stored for further verification. The IP address in this case verified that the Agreements and the Leases were agreed to from within the merchant’s general area. The merchant electronically executed three separate Agreements and Leases on 12/14/2015. By electronically signing the Agreements and Leases, the merchant agreed to have received, read, and be bound by the Agreements, Leases, and the Terms & Conditions. The merchant utilized the equipment on all three accounts to process transactions in early 2016. In June 2017, the withdrawal of the account charges was stopped by the merchant’s bank account, leading to an immediate closure of each processing account, and the entire balance of the Leases and processing fees was forwarded for collection. The Leases clearly state at the top of the Lease and in paragraph 2 of the Merimac Capital Terms & Conditions that the lease cannot be cancelled by Lessee during the term agreed to. Additionally, First American has not received any equipment from this merchant. At this time, the balance stands at $5,638.88 for all three processing accounts and the three Leases, which the merchant has defaulted on. We have been in contact with the merchant to discuss the responsibility of the merchant and offer a settlement amount to close the balances. In an effort to resolve this matter and in a gesture of good faith, First American will accept the reduced payment of $2800 to resolve the matter and close the balance in good standing. The merchant can contact [redacted] to make payment arrangements at [redacted]. 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 are in receipt of Ms. [redacted]‘s complaint.  By way of Background, First American Payment Systems (“First American”) is a credit card processing company that processes transactions for merchants set up by our various Independent Sales Offices, including Blue Dog...

Business Services (“Blue Dog”).  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 February 12, 2015 Ms. [redacted] entered into the Agreement with Blue Dog for credit card processing services.  By signing the Agreement Ms. [redacted] acknowledged she received, read and agreed to be bound by the Agreement and the Terms and Conditions (See, pages 4 and 5 of the Agreement). Paragraph 28 of the Terms & Conditions clearly states Bank may hold funds processed outside of the approved parameters disclosed in the Merchant Profile section of the Agreement until it is determined Bank’s risk has been mitigated.   Ms. [redacted]’s account became active on February 12, 2015 with an approved high ticket amount of $25,000 (See, pg. 1 of the Agreement). On July 13, 2015 the merchant processed a transaction in the amount of $88,310.96, above the approved high ticket amount on the account, which caused the account to be suspended and audited by our risk department. After requesting and reviewing financial documents provided by Ms. [redacted], the audit was completed and the funds were released to the merchant on July 26, 2016.     At this time we consider the matter resolved. However, if Ms. [redacted] wishes to close her account she may do so by following the detailed guidelines provided 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,   [redacted] Merchant Relations

Dear Mr. [redacted]:   We are in receipt of Mr. [redacted]’s additional correspondence.  In response 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 in September of 2004 Mr. [redacted] entered into the Agreement for credit card processing services with First American Payment Systems (“First American”). By signing the Agreement Mr. [redacted] acknowledged to have received, read and agreed to be bound by the Agreement and the Terms & Conditions (See, page 3 of the Agreement).  The initial term of the Agreement commenced with Bank at acceptance for a term 3 years.  Thereafter, the Agreement will automatically renew for additional 1 year periods, and shall continue until terminated by Merchant by giving and Bank receiving at least 30 days but no more than 90 days written notice of non-renewal with termination effective at the end of the applicable term.  If the Agreement is terminated by Merchant without proper notice, Bank will be entitled to recover and Merchant will pay on demand any and all losses in incurred by Bank in connection with termination (See ¶21 of the Terms &Conditions).   Our records indicate that in March of 2012 we received a letter from Mr. [redacted] requesting to close his account.  We tried to contacting Mr. [redacted] to advise him that the letter had been received too soon, and he would need to resend the letter no more than 90 but no less than 30 days before the end of the applicable term. In February of 2013 we provided Mr. [redacted] with closing instructions and advised him of the timeframe in which to submit his closing letter however, we did not receive a letter requesting the account be closed.  After an attempt to debit contractual fees for the month of June was stopped the account was placed automatically in collections.   Our records show that on July 21, 2016 Mr. [redacted] contacted our Collections Department and reached a settlement on his outstanding balance, and at this time his account has been closed in good standing, with no refunds being 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,       [redacted] Merchant Relations

Complaint: [redacted]
I am rejecting this response because: Part of my complaint involves First American.  Yes I do complain about how Blue Dog has some unethical practices but the complaint is also directed about First American Merchant Services that does the collections.  I called on Nov 6 to verify that my money orders was received and that my accounts were closed and I was told that yes the accounts were closed and that I am in good standings.  I asked for a email confirmation but none was sent to me.  On Nov 24 I received a letter from you First American stating that I owed money.  I managed to get a hold of you again on Nov 27 were I was told that my accounts were closed and that I was in good standings.  I asked for a email confirmation but was told you do not have any letters or format that you can send out and that the letters were due to error, they get sent out automatically.  If need be I can provide proof to the Revdex.com of the letters.  The complaint was about the payments and closing of my accounts if what I was told on Nov 27, was true that I am in good standings and that my accounts are closed, then in some ways my complaint against First American was addressed.      
Regards,
[redacted]

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, thank you. I would like a letter from the company stating I am no longer obligated to any contract associated with this transaction for my records.  In addition, I would like to know the status of the $174.64 leasing charge from 12/4/17 that I disputed in my original complaint.  
Regards,
[redacted]

Dear Ms. [redacted],This complaint is directed to First American Payment Systems in error as it involves a complaint against Eliot Management Group ("EMG"). EMG is listed with the Salt Lake City Revdex.com and the complaint should be forwarded to them for response. Please remove this...

complaint from our records.  Thank you,Merchant Relations

Dear Ms. [redacted]: We are in receipt of Ms. [redacted] complaint.  In response thereto we have enclosed the Merchant Application & Agreement (“the Agreement”), the Merchant Processing Terms & Conditions (“the Terms & Conditions”), and the welcome letter sent to the merchant when she...

began processing for your review.  The contract was signed on October 5, 2016.  By electronically signing the application, the merchant agreed to have received, read, and be bound by the Agreement and the Terms & Conditions. Our records indicate that the transaction in question was above the high ticket of $1500 established for the account (See welcome letter). Also, the transaction was part of a forward commitment, where the merchant had not provided the services yet and was charging the customer. The security department informed the merchant that they could not release the funds for the transaction until services had been performed. According to the Terms & Conditions, Bank may require the merchant to process a refund upon determination by Bank, in its sole discretion, of questionable transactions, including any transactions for items or services with a future delivery date… (See, Paragraph 17). As the transaction would not be processed until services were rendered, the merchant gave permission to reverse the transaction. The Terms & Conditions additionally specify that the merchant acknowledges no discount or transaction fees will be refunded as a result of Bank withholding payment to merchant, including but not limited to reversals, returns, and/or credits (Paragraph 17). Nonetheless, we will agree to refund the amount of the processing fees charged to the merchant as a result of the transaction in question in the amount of $112.92 as a gesture of good faith. Please allow a couple of business days to see the refund in the account. As First American did not breach the Agreement, the merchant is still responsible for the early termination fee should she close her account before the end of the three-year term (See, Acknowledgements page of Agreement, Paragraph 23 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 directly. Sincerely, Merchant Relations

Certainly I am not denying that we used the services provided by First American with the impression that it was a month to month basis. What I am saying is that the application process took place over the phone and we were not made aware of the terms and early termination fee and I have no knowledge of ever receiving the paperwork and/or documentation.
As mentioned before, the first page of the application that we recently received had several errors that would have been changed had we a copy to verify at the time of application. Also there is a signature typed at the bottom by Jennifer [redacted] indicating she had physically inspected the business premises. I have no knowledge of her ever being here nor meeting her. Yesterday we called First American and tried to find Ms. [redacted] in the employee directory and found out her name is not listed. Is Ms. [redacted] no longer with the company, or was she a telemarketer? As a representative of the company who validated our application, maybe she could answer some of these questions.
What we have been requesting all along is copies of the information they have for this process including the security questions and answers as well as the IP and Mac address of my computer. I know many such businesses tape phone calls. If that occurred, I request a copy of our phone conversation so that we can determine where this situation fell apart. Ms. [redacted] agreed to send the info, then later stated we had everything. She recently did send a copy of the application and copy of the terms and conditions which was the first time we had ever received them, and still leaves out important components to the confirmation.
The typed signature on the application is not my full signature. On all business matters and legal matters my signature always contains my middle initial whether hand signed or typed.
At the end of Frankie Morgan's message it was stated that Ms. [redacted] must contact [redacted]. Who is Ms. [redacted]?
It is our position that since we were unaware of any terms and conditions concerning a three-year contract, we do not owe any money due to early termination.
Respectfully,
[redacted] R. [redacted]

Dear Ms. [redacted],In regards to the new documentation provided by the merchant, we are still investigating this matter, and will have a detailed response to you as soon as possible. Thank you,Merchant Relations