Garr Electric Inc.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
*** *** The charges monthly were consistent at $a month and then in December it jumped up to $how did that happen, I haven't done any business with them in monthsHow did it jump up? I was in contract with them for years and in the beginning I was doing business, but then the last year there were no chargesI would be willing to accept this as a bad experience in exchange for the $

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
*** *** I came up with months at $then all the sudden on the 1st of December's payment, the charge jumped up to $I don't understand why all the sudden the charge went up, that's what put a flag up for meLike I say I have been paying these people since and all the sudden in December when it went to $54.45, I couldn't understand why there was a change in the amount, and that's what flagged it for meSo, I come up with, I'll be totally honest, I have no emails from them, supposedly sending me a form to sign off on, if there was one, I did it, but I'm not sure if there was one, because I save all those emails, and I don't have a copy of them sending me a form to sign and send backI have nothingAnd so, the way I look at it, is that when I called in to cancel is when they should have stopped billing me, if there was anything sentIf not, then I called in and cancelledI paid them a lot of money, but I don't have any complaints about the job they didMy complaint is what happened with the eight months I got billed when I had already cancelledMy figures are like $totalMerchant Services on 12-they reversed back to my account $and the same thing on 12-they processed back to me $out of the $that I feel that I am owedAnd both of them happened on the same date 12-16-

The complaint does not accurately reflect what occurred. First of all, the timing and description are not accurate. The "hacking" referred to does not occur at the client level but at the merchant level and the merchant would have been liable for any PCI breach of data before that point
in time anyway. As of this date, there are still more than 72% of the merchants in America that have non-EMV (chip reading) terminals. OMEGA is one of the few processors that has more than 50% of its merchants with EMV enabled equipment. The other fact that is incorrect is the UPS/FedEx issue. OMEGA uses only UPS for its call tags and we sent a clearly labeled UPS call tag (meaning that we paid the shipping) so there should have been no confusion between UPS or Fedex. All the merchant had to do was put the machine in the provided box, place the UPS call tag on the box and place in any UPS box or tag to the UPS store or give to any UPS driver. Instead, in a recorded conversation on our phone system, the worker at the salon (Idona) admitted that she gave the UPS call tag box to a FedEx driver and he said that he would take care of it for her. After several months of not receiving the old terminal, we correctly charged the merchant per our agreement, the $referenced. As of today, we have still not received the terminal. So, we have sent two terminals to the merchant and not received any back. It is not our fault that the person gave the terminal to the wrong carrier (FedEx vs UPS) and that the FedEx driver did not put the parcel in the UPS box as indicated. All we know is that we don't have the terminal and should not therefore be liable for eating the cost of the unit. In an effort to resolve this expeditiously, we will agree to a credit of $to cover half the cost and essentially split the loss. This is more than fair given the situation that the error occurred on the part of the merchant by not giving the terminal to the proper carrier. Please advise

Attached is the Signed agreement and additional documentation. The indicated section on page states that by signing *** has carefully read and agrees to the provisions stated in the terms and conditions. The indicated section on page of the terms and conditions state that the term is years with successive year renewal terms. It also states that to cancel there must be a "WRITTEN" notice and must be given at least days before the end of the current term. Since the agreement was executed on 12/14/07, 12/is the expiration date. So, on 12/14/15, the agreement automatically renewed and Mr*** was under contract until 12/14/16. So when he said he tried to cancel in March, he was violating the termination provision of the agreement and was subject to the $early termination fee that is enumerated in the agreement (just below the above section).With that said, please turn your attention to the next several pages which is a detailed ticket history of our interactions with Mr*** and his company from 1/7/through the present.1/7/- His fees for December, processing rejected and we put his future deposits on hold to cover the fees he owed us. On 1/we released the deposits in excess of the fees due ($225.60) and sent the money to him.2/11/- We hear nothing from the merchant for a month and then on 2/11/16, he rejected on his January fees for a second straight month (this is two months in a row of not paying us, but demanding that we give him his deposited credit card sales). So, we again deposit the $deposit (less the fees owed to us) and give him a net deposit of $338.59.2/23/- Shared more information with him. At this point you can see how detailed our conversations are and the information we are capturing and getting a sense for how *** is staring to become unreasonable3/4/- This is finally when *** says he is cancelling and you can see where we faxed him the cancellation that day12/2/- This is the next time that we hear from *** stating that he cancelled his account in March. For a guy that was calling in all the time in January, February, and March, what was he doing from April through November when the fees were hitting his account each month? Again, does he not have some accountability to call us sooner than months later stating that he has been overcharged? 12/15/- We receive the attached form on 12/15/and issued $credit which was very generous. Finally, he has several facts in here that are not correct. His cancellation letter states that he cancelled in January or February (which was simply not true. The first time he ever mentions cancellation is March). The math is incorrect. He is asking for $409, but $x months is only about $280. Lastly, we did not charge the $cancellation fee that we were due. Giving him the $was more than fair and a utility company or gym membership or any other service that requires written notice with a clear agreement and thorough notes like we have kept would certainly not be this generous. Our last offer was more than fair. I want have responded with details and documentation and we have been more than fair and reasonable with this,but I must say that the time we have spent on this is becoming a real nuisance. Anyone can make a claim and cry that I am a poor victim and we must defend ourselves. This is not right

We cancel over 80 accounts per month on average with no complaints and we have an A+ rating with the Revdex.com.  Why would we arbitrarily disregard this customers cancellation letter after years of service?  The reason that we cannot cancel a merchant account on a phone call is obvious - we cannot verify that the person calling in has the authority to cancel the account.  Many things that are cancelled require a written cancellation and signature as protection against unauthorized users making changes to an account.  Our business is no exception.  We are one of the few companies in the industry that have no cancellation fee and do nor require a term contract.  Again, we cancel for a lot of merchants every month and really never have any problems.  But if we don't get the signed authorization form, we will not just close an account on a phone call.  At what point after the second or third month of continuing to see the charge did the owner have some responsibility to reach back out to us and tell us that they were still being charged?  Again, if we would have been notified in the first month after the merchant supposedly sent in their cancellation, we could have quickly said that we didn't get it and this would have been escalated and put to bed.  Instead, the merchant wasn't paying attention and then months later comes back and says I cancelled a long time ago.  That is neither fair nor reasonable.  If a charge continued to appear, obviously something was wrong and we did not get the cancellation notice.  Again, why would a company that has a no cancellation fee policy; an A+ rating for over a decade with the Revdex.com and cancels multiple merchant accounts each month, single out one customer and purposely disregard the cancellation notice that they supposedly sent in?  There really is no logic or reason for that argument.  In a final offer to get this resolved, we will agree to a credit of $204.50 (half of the $409) that the merchant believes they are due.  This is a final offer to try and resolve this matter.

So if we refund $54, this resolves the complaint.  That is fine.

Attached is the ticket history from this merchant of ours.  They were a merchant from 2007 until this year and over that time we responded to over 20 requests including tracking down deposits, upgrading their terminal and covering funds when they didn't have sufficient funds and rejected on...

their fees.  If you could expand on each of these tickets, you would see full details and how thorough we are in responding to the merchants issues.  We take this very seriously.  In this case, we never received the cancellation when he said he provided it to us.  We did fax the form to him on 3/4 and in those instructions told him that if he did not get confirmation of us cancelling the account within two days of sending in his notice that he should re-contact us.  We never heard back from him until December 2nd (see below) and at that time, we agreed as a goodwill gesture, to credit him for 4 of the 8 months for the time that he said that he cancelled (even though we were never served notice).   It is common in our business to send cancellation requests and merchants never follow through and do not actually cancel.  In addition, we need an authorized signer to effect a cancellation and cannot just take a verbal request over the phone (for security reasons).  So, we can't just cancel every merchant that we send out a cancellation notice to.  We need to get the signed form back to protect the merchant.  
[redacted]3/4/2016 2:30:00 PM[redacted] moving processors. Gave Amex number and told him to followup w/them as well. Faxed cancellation  [redacted]12/15/2016 3:08:00 PMreceived cancellation form. total credit $159.80 issued. however we had to issue in 2 diff transaction, he will see credit $45.00 and $114.80. [redacted]12/2/2016 11:38:00 AM[redacted]Called stating he cancelled his acct in March 2016, but we never rec'd the cancellation papers. He is upset he was being charged $39.45 monthly since then. Per [redacted], we will give back $159.80 (4 months). He is claiming he will contact the Revdex.com if we don't give him back the full amt. Per [redacted], we will dispute his claims as when we send out the cancellation notice, our standard process is to tell the merchant that if they have not received confirmation of the cancellation within two business days after sending it to us, please contact us again.  In addition, we did credit him back for 4 months of fees and believe that the merchant did have some responsibility to notify us earlier.  4 months seems fair and reasonable especially in light of us never receiving the cancellation to begin with.  I emailed the cancellation form to [redacted], but he stated he won't send it back until he speaks with someone in our "Accounting Dept"