Sage Payment Solutions, Inc

RE: Case#[redacted]
 
To Who It May Concern,
 
            Please
accept this correspondence in response to the case referenced above regarding
the complaint filed by Mr. James Wiggins of [redacted] Labortories, Inc....

(Educational
Science).
 
[redacted] alleges in this complaint several items
such as Unjustified Debits, never receiving merchant statements, Deceptive
Trade Practices, Breach of Contract, Bank Fraud, Wire Fraud, Mail Fraud, Racketeering,
conspiracy, and Embezzlement). SPS is acting entirely within its rights set
forth in the terms of the Merchant Agreement signed by [redacted].
 
[redacted] alleges in this complaint that he was not
receiving monthly statements and that SPS was debiting the monthly fees.  However, a monthly statement was mailed during
months they were processing and statements are available via the internet
through our reporting website at www.myvirtualreports.com.
 
Monthly PCI Non Compliance fees was assessed in June
2010 after a statement announcement informing about PCI DSS requirements. SPS agreed
to refund the PCI Non Compliance fees as a courtesy on March 17, 2015 when we
were notified that [redacted] was unhappy about the fees and had completed
their PCI Certification. The refund amount was for $420.00 which corresponded
to twelve months of noncompliance fees. SPS offered to continue to work with
[redacted] on PCI Non Compliance refunds if he provided proof of becoming PCI
Compliant prior to March 2015.
 
On May 7, 2015, SPS was notified to cancel the
merchant account per the request of [redacted]. Due to breach of contract, a
$195.00 early termination fee was assessed.
 
Below is a list of the last 18 months of fees paid by
[redacted]. During the current month of May 2015, we have processed debits of
$195.00 for early termination fee and the monthly fees for April 2015 in the
amount of $19.47. 


Year


 Month


 Fees Paid




2015


 April


 $        
19.47




2015


 March


 $      
251.42




2015


 February


 $      
161.99




2015


 January


 $      
237.75




2014


 December


 $      
210.54




2014


 November


 $      
348.72




2014


 October


 $      
216.22




2014


 September


 $      
391.20




2014


 August


 $       364.17




2014


 July


 $      
410.08




2014


 June


 $      
478.12




2014


 May


 $      
504.92




2014


 April


 $      
645.47




2014


 March


 $      
508.07




2014


 February


 $      
261.48




2014


 January


 $      
215.91




2013


 December


 $      
229.87




2013


 November


 $      
273.80




2012


 January


 $      
253.18




 Grand total




 


 


 $5,982.38


SPS has denied [redacted] request for a refund as described above
and we anticipate that his concerns have now
been met upon receipt of this letter. Please feel free to contact me with
questions and concerns, Toll-free ###-###-####Sincerely,W[redacted] Al[redacted]Supervisor, Financial Support

Thank you for your recent
feedback. While we understand this was a keying error, unfortunately any
transaction that is processed incurs a processing fee. Your account with Sage
Payment Solutions was closed in July 2015 and we agreed to waive the early
termination fee of $475.   We are...

unable to issue a credit to your
account. Please let us know if we can be of assistance to you in the future. We wish you continued success.Sincerely,Sage Payment Solutions

RE:       Case # [redacted]                       To Whom It May Concern, Please accept this correspondence in response to the rebuttal on the case referenced above. Please find the attached documents.SPS EFT has again denied [redacted]’s request for a refund for the following reasons:SPS EFT did not promise to add magnetic stripes to the cards and not accountable to do so.Gift cards received from [redacted] were converted by SPS EFT.Converted gift cards were usable for [redacted] without the magnetic stripes.Fees match the monthly statements once the timing is understood.Erroneous fees were refunded.Remaining fees are applicable because [redacted] signed up for service, used that service, and requested a terminationWe anticipate that his concerns have now been met upon receipt of this letter. Please feel free to contact me with questions and concerns, Toll-free at ###-###-####. Sincerely,Bobbi W[redacted]Senior Compliance SpecialistSage Payment Solutions EFT, Inc.

From this timeline there are several things that should be emphasized.
1. The contract which the merchant has is with Sage Payment Solutions. Discount Payment Services is not a party to that contract. As an independent sales office for Sage we facilitate such contracts but are...

clearly not a party to them. Any claim for compensation regarding the early termination fee should be made to Sage, not Discount Payment Services. 
2. Because the merchant was anxious to have the account closed, the process was expedited by our office which resulted in the termination paperwork being submitted to the processor within hours of the initial request. We are occasionally accused of not processing merchant requests fast enough. In this case a complaint is being lodged in essence because we completed our job timely. As of the submission to the processor, the account was closed and the provisions of the agreement between the merchant and Sage regarding early termination fees took effect. Neither Sage nor DPS was legally obligated to reinstate the account or provide any refund of the early termination fee.
3. Notwithstanding, Sage offered to reinstate the account upon submission of a bank statement showing the debit to the account. The merchant waited 8 days and then submitted a screen shot of the account which was not what was requested. A copy of the bank statement was requested. For obvious reasons when dealing with sensitive financial information, Sage is particular about the documentation provided as it concerns merchant's financial information and is often the subject of fraud. It is for that reason that the form was not accepted by Sage.
4. At the request of Sage to review the situation at this point, it was decided that the fee would not be waived if the intent was to merely have refunded a legitimate fee while all along intending to cancel the agreement. It is unfortunate that the merchant failed to follow the procedures required to avoid paying the early termination fee, however, that certainly does not require us, or Sage, to do anything which is not legally required. The merchant could have avoided any early termination fees had it followed the procedures outline in its merchant processing application.
5. While it may be true as the merchant states in the complaint that people in our office were instructed to not forward the form, this instruction came after the form had been sent to the merchant, signed and returned to our office by the merchant and submitted to Sage. This was not an error, nor was it negligence on the part of DPS or Sage. 
6. Additionally, although the merchant indicates that a statement from her bank was sent to our office this is incorrect. The screen shot showing part of an online banking summary was not what had been requested by Sage. 
I have attached a copy of the merchants original Merchant Processing Application which states on its face page" EARLY TERMINATION: If Company cancels this Agreement during the term of any agreed upon extension term, applicable early termination fees shall be due Sage" Additionally, the cancellation request states on its face that "Upon termination of this agreement by merchant, during the initial term or renewal, term, merchant shall pay to Sage Payment Solutions a termination fee equal to amount stated in merchant agreement terms and conditions." Both of these documents were signed by the merchant. One upon opening the account and one upon closing it. Please note that I have blacked out certain person and/or confidential material on the documents sent.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:
As I had previously stated, the 8 pages of terms and conditions were not given to me and as you can see from the copy they sent to you with the highlighted section there is no signature on any one of those eight pages. The terms I had agreed to were the rates which they did post. I was told initially a two year term, then 3 years, I fulfilled that obligation then all of a sudden these auto renewal documents surface. My banker was also a witness to this and will verify what I have stated. So then they charge me $475.00 early termination which is totally bogus, considering it was past the 3 years, secondly I am at my business everyday and have never recieved a phone call regarding this. This is a hustle and I want my $475.00 back.
This is why no businesses trust C.C. Merchants.
And no,I would never use nor advise any one else to use Sage
Sincerely,
[redacted]
Regards,
[redacted]

[redacted],
Thank you for your recent inquiry and feedback. We have confirmed that you recently spoke with [redacted] at Sage Payments and this issue has been resolved. If there is anything we can do to assist you in the future, please contact us.
Sincerely,
Sage Payment Solutions

A review of the complaint was done. A communication was sent to Susana from Alpha Fumigation advising the account will be closed with $0.00 early termination fee. Also it was communicated that she will expect a refund for monthly fees paid from June 2016 to November 2016, total refund amount will be...

$489.85. We hope she can accept our resolution.  Thank you, Wil A[redacted],Supervisor, Customer Support.Sage

When considering an EFT/ACH processor, please do your due diligence. Unfortunately, I put faith in SAGE Payment Solutions EFT and have been disappointed from the start. Their fees are more than double what I was originally informed of, then to add to the unreasonableness, they charged a termination fee equal to 8 months of what their monthly fee was, while adding on 2 months of monthly fees before an official "termination." Their customer support appears to be scripted and they do not work to try to solve any issues that are not in their interest. Fees are unreasonable and often a surprise, support is mediocre at best, and their online platform is severely outdated and not user friendly. Avoid Sage Payment Solutions if at all possible.

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
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.  As long as we do not get drafted any future money in regard to this account.
Regards,
[redacted]

Dear [redacted]
We are
disappointed to hear that you decided to cancel your account with Sage Payment
Solutions. Thank you for your feedback regarding our cancellation policy. Our
terms...

and conditions explain our termination policy and the auto renewal
process. The terms and conditions that we have on file indicate you have an
early termination fee which was applied to your account. Per our conversation, If
you can provide us with documentation that indicates otherwise, we would be
happy to review your request. If there is anything that we can do to support
you in the future, please don’t hesitate to contact us. We wish you continued
success.
Sincerely,
Sage
Payment Solutions

Dear **. [redacted],

face="Calibri"> 
Thank you for your recent inquiry regarding the Terms and Conditions of your contract. We have researched your account and would like to provide you with additional information. Contracts are for a period of 3 years. After 3 years, without prior notification, contracts renew for another 2 years. The renewal information is detailed in your Terms and Conditions. We are disappointed to hear that you want to cancel your account with Sage. Sage Payments takes pride in our merchant relationship and would like to retain you as a merchant. Please call us so we can discuss the best solutions for your account. Unfortunately, should you decide to cancel your account prior to the end of your contract, an early termination fee will apply.
Sincerely,
Sage Payment Solutions

April 17,...

2015
[redacted]                                   ...⇄ /> [redacted]       [redacted]                      
To Whom It May Concern,
Please
accept this correspondence in response to the case referenced above regarding the
complaint filed by [redacted]. As background, Sage Payment Solutions EFT, Inc.
(“SPS EFT”) is a provider of Gift and Loyalty Card services. SPS EFT provides
technology and services for merchants for their consumer gift card purchases,
as well as gift card printing.
The
relationship between [redacted] and SPS EFT is governed by the attached Gift
& Loyalty Card Program Merchant Agreement dated
February 3, 2014 (“Merchant Agreement”) signed by [redacted] through an
Independent Sales Organization (ISO), One Source Business Connections -
Pivotal (“Pivotal”.) An ISO is a separate and
distinctly different corporate entity to SPS EFT whose affiliation is as a
reseller of the services provided by SPS EFT. The
agreement was forwarded to SPS EFT by Pivotal on 2/9/2015 and [redacted] was activated for services on 2/20/2014.
SPS EFT was advised from the ISO before the setup that [redacted] had a
terminal, which we are not compatible with and that [redacted] initially
requested to setup with one physical terminal and a virtual terminal.
[redacted] alleges in this complaint that SPS
EFT is debiting for
services and equipment in error. SPS EFT maintains that
SPS EFT is acting entirely within its rights set forth in the terms of the
Merchant Agreement signed by [redacted]. SPS EFT did not receive contact
from [redacted] from May 2014 through January 2015, but when [redacted] did
initiate contact that SPS EFT refunded and / or waive fees when appropriate.
[redacted] stated in this complaint that they already had gift cards
and needed the scanning bar (magnetic stripe) on back to use with their [redacted] processing machines. In March 2014 SPS EFT received 294 cards from [redacted]
for physical conversion from their previous provider. The cards did not have a
magnetic stripe on back, which was noted on merchant application. SPS EFT
blacked out the existing numbers on the cards and printed the cards with SPS
EFT assigned card numbers at no cost (normally approximately $0.30 per card.) After
converting the cards to our service the cards were mailed back to [redacted].
The cards could be used without the magnetic stripe by manually keying the card
number through a virtual terminal used on a computer. 
[redacted] alleges in this complaint that he
was not receiving monthly statements and that SPS EFT was debiting without listing
the SPS EFT name on [redacted]’s monthly statements. However, a monthly
statement was mailed during months they were processing and statements are available
via the internet through our reporting website at [redacted] . Upon activation, a letter welcoming [redacted] to the service was mailed to [redacted]. The
letter was to notify of SPS EFT’s online reporting service, their access to the
online gift card reporting website,
and the fees would be demonstrated on their bank statements as
[redacted]. Please see the attached reproduction.
Monthly
fees began in February 2014 and were sent at the beginning of the following
month. SPS EFT agreed to waive the monthly fees for March 2014 when we were notified
that the merchant was unhappy that the fees started before receiving the cards.
Monthly fees resumed in April 2014. Please see the notes from phone and email contact
with the merchant below:
                      
·        
1/29/2015
- [redacted] requested information about monthly statements. SPS EFT gave
information to Mrs. [redacted] after receiving approval from Mr. [redacted] over the
phone. SPS EFT provided the login and directions to the monthly statement
available in online reporting website.
·        
2/13/2015
- Copies of statements were email to [redacted] stated
in the claim that [redacted] should pay for the cards that were issued through a
service called [redacted], In fact, [redacted] is the vender contracted with SPS
EFT for gift card transactions and all billing for transactions is completed by
SPS EFT. He claims that he was told that the cost would be $0.15 per
transaction, when in fact the face of the agreement shows more information. The Merchant Agreement documents the fees associated with
the service. Please point your attention to the section entitled
“Merchant Acceptance” on the front of the agreement which provided [redacted]’s
agreement to the information on the application and the terms in the Merchant
Rights and Responsibilities. Please point your attention to section II and IX
under the Merchant Rights and Responsibilities that explains monthly fees,
annual fees, termination fee, and termination requirements. Monthly and annual fees are applicable as long as a merchant’s service
is active, which is until such time that a written request for termination
and/or cancellation is received regardless of use of the service. At which time
the termination fee is charged.
Mr.
[redacted] claims that the amounts of monthly debits were not consistent and that
[redacted] didn't use the service. The inconsistency in monthly debit amounts is
based on the number of gift card transactions issued and / or redeemed each
month. [redacted] did use the service by issuing and / or redeeming the balance
of a gift cards from May through August 2014 by keying in the card purchase on
a computer through a virtual terminal environment.
Mr.
[redacted] requested a refund of the $199.00 termination fee, a $75.00 annual fee,
and the monthly fees claiming that the monthly charge was for a terminal fee
that [redacted] did not have access to. The termination fee is applicable
as [redacted] signed up for service, used that service, and requested a
termination. The annual fee was $59.95 and not $75.00 as evidenced in the
attached list of fees. Please see the notes from phone calls and email contact
with the merchant below when they disputed these fees:
·        
2/16/2015
- [redacted] disputed monthly fees. Research found that [redacted] had previously
requested to remove the physical terminal from account, but SPS EFT
inadvertently failed to remove the terminal. [redacted] had been charged
terminal fees at $1.50 for ten months and $5.00 per month for a terminal
inactivity fee for three months. [redacted] was refunded the erroneous terminal
fees in February 2015 for $25.00 and in March 2015 for $5.00.
·        
3/11/2015
– [redacted] inquired about monthly fees, annual fees, and requested instruction
on how to proceed with getting magnetic stripe on gift cards because [redacted]
did not want to process cards through manual entry into terminal. [redacted]
wanted to know the cost to add magnetic stripes. Discussions and emails were
sent the ISO representative providing the requested information. The ISO
requested that the annual fee for $59.95 be waived in 2015, SPS EFT add the
magnetic stripes for no cost, SPS EFT lower the monthly service fee to $5.00,
and waive the monthly network compliance fees of $2.00.
o   
We
gave the following options for the merchant
§  SPS EFT
could add a magnetic stripe if [redacted] would send the existing cards and pay
the cost for $0.41 per card at 300 cards.
§  [redacted]
could order new gift cards from SPS EFT and discard the converted ones cards
without a magnetic stripe.
o   
Informed ISO
§  SPS EFT
already refunded [redacted] for erroneous fees and waived the $5.00 inactivity
fee moving forward.
§  SPS EFT declined refund as [redacted] agreed to fees when the application was
signed and [redacted] was able to use the program, although they chose not to.
o   
Offered was extended to provide [redacted] a copy of their contract
showing current fees.
        Mr. [redacted] stated in the claim that they
had difficulty when they tried to redeem the gift cards. This statement
illustrates that he was aware that gift cards had been issued and therefore,
the service was used. He further claims that the website does not give the
owner of the card a balance and that the card holders have no access to the
card info. These issues were never previously discussed with to SPS EFT during
conversations with the merchant and/or ISO. However, SPS
EFT provides the ability to check card balances in the following ways for cards
ordered directly from SPS EFT or cards converted from a different provider.
·        
Public website [redacted]
·        
Our automated system via phone number ###-###-####
In summary,
SPS EFT has denied [redacted]’s request for a refund as described above and
we anticipate that his concerns have now been
met upon receipt of this letter. Please feel free to contact me with questions
and concerns, Toll-free at ###-###-####.
                                        ...⇄
Sincerely,
                                        ...⇄
Bobbi W[redacted]
Senior Compliance Specialist

Dear [redacted]Thank you
for your feedback regarding our cancellation policy. Our terms and conditions
explain our termination policy and the auto renewal process. Sage is committed
to providing an exceptional customer experience to our merchants. We are always
open to feedback from our...

clients. We have forwarded your feedback over to your
sales office for follow up as well. Thank you for taking the time to share your
thoughts and concerns. We will share this information with the appropriate
departments. If there is anything that we can do to support you in the future,
please don’t hesitate to contact us.Sincerely,Sage
Payment Solutions

September 28, 2015To Whom It May Concern,Please accept this correspondence in response to the complaint filed by [redacted] of [redacted]. As background, Sage Payment Solutions EFT, Inc. (“SPS EFT’) provides services for electronic verification and ACH conversion of consumer checks...

received at a place of business. SPS EFT processes the consumer checks via the Automated Clearing House (“ACH”) network and offers a funding guarantee to [redacted]. The relationship is governed by the Point of Sale Conversion Merchant Agreement (“Merchant Agreement”) dated 8/29/2012 that was signed by [redacted] of [redacted]. The agreement was received through an Independent Sales Organization (“ISO”), [redacted]. An ISO is a separate corporate entity whose affiliation is a reseller of the services provided by SPS EFT. The ISO forwarded the merchant agreement to SPS EFT and [redacted] was activated for services on 4/22/2013.[redacted] claims that [redacted] should not have been charged the cancellation fee of $199.00 because 1) monthly fees were charged when services were not used and 2) a notice of a term renewal was not sent.The section of the Merchant Agreement entitled “Merchant Acceptance" shows the signature with an agreement to the information on the application and the terms in the Merchant Rights and Responsibilities (“recitals”.) Please point your attention to section 18.2 under the recitals that explains term and termination fee. A merchant's service is active (regardless of use) until such time that a written request for termination and/or cancellation is received. The recitals do not define a scheduled term of service. The services are available for use, even if not used.The merchant is required to provide notice of cancellation 60 days prior to the cancellation. The request for cancellation from [redacted] was received on 9/17/2015. Therefore, all monthly fees for [redacted] are applicable until the written request for termination was received. [redacted] was scheduled for immediate cancellation instead of after the 60 days requirement as a courtesy.[redacted] has requested a refund from SPS EFT of the termination fee of $199.00. SPS EFT does not believe a refund is applicable as described above. SPS EFT anticipates that Ms. Meek’s concerns have now been met upon receipt of this letter. Please feel free to contact me with questions and concerns, Toll-free at [redacted].SincerelySage Payment Solutions

Dear **. [redacted]
We are sorry to hear that you are not satisfied with the resolution. The terms and conditions of our contract include the details regarding the early termination fee. As a courtesy, we did provide a $100 credit to your business. We are unable to offer any additional credits. We wish you success with your business and if there is anything that we can do to assist you going forward, please contact us.
Regards, Sage Payment Solutions

RE:       Case # [redacted]                      
To Whom It May Concern, 
Please accept this correspondence in response to the rebuttal on the case referenced above. Please find the attached documents.
SPS EFT has again denied [redacted]’s request for a refund for the following reasons:
SPS EFT did not promise to add magnetic stripes to the cards and not accountable to do so.
Gift cards received from [redacted] were converted by SPS EFT.
Converted gift cards were usable for [redacted] without the magnetic stripes.
Fees match the monthly statements once the timing is understood.
Erroneous fees were refunded.
Remaining fees are applicable because [redacted] signed up for service, used that service, and requested a termination
We anticipate that his concerns have now been met upon receipt of this letter. Please feel free to contact me with questions and concerns, Toll-free at ###-###-####.
 
Sincerely,
Bobbi W[redacted]Senior Compliance SpecialistSage Payment Solutions EFT, Inc.

Thank you for your recent
feedback. While we understand this was a keying error, unfortunately any
transaction that is processed incurs a processing fee. Your account with Sage
Payment Solutions was closed in July...

2015 and we agreed to waive the early
termination fee of $475.   We are unable to issue a credit to your
account. Please let us know if we can be of assistance to you in the future. We wish you continued success.
Sincerely,
Sage Payment Solutions

Dear [redacted],Thank you for your inquiry. Per our conversation, Sage will be closing your account and waiving the early termination fee. We are also processing a refund of $179.85. We wish you continued success with your business. SincerelySage Payment Solutions

From: P[redacted], Angie <[redacted]@sage.com>Date: Tue, Mar 24, 2015 at 4:04 PMSubject: complaint #[redacted]To: "[redacted]@myRevdex.com.org" <[redacted]@myRevdex.com.org>Cc: "[redacted]" <[redacted]@sage.com>, [redacted]" <[redacted]@sage.com> Dear [redacted], Thank you for your feedback. We have further reviewed your account history. After working with our business partner [redacted] we have submitted a courtesy refund for the remaining balance of the termination fee billed to you in the amount of $350.00. This credit should post to your account within 7-10 business days. We sincerely apologize for any inconvenience this may have caused you. We wish your business continued success. If there is anything that we can do to assist you going forward, please don’t hesitate to contact us. Sincerely, Sage Payment Solutions Angie P[redacted]Director, Support and QualitySage Payment SolutionsOffice: ###-###-####Mobile: ###-###-####[redacted]@sage.comConnect with usSage.com | [redacted] | [redacted] | [redacted] | [redacted] | [redacted] | Sage CityThe information contained in this email transmission (including any document, file, or previous email message within it) may constitute confidential information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, please take notice that any disclosure, copying, distribution, or use of any of this information is PROHIBITED. If you receive this email in error, please immediately notify me by contacting me at the email or phone number listed above and destroy the original transmission without reading or saving it.

To Whom It May Concern,
Please accept this correspondence in response to the
complaint filed by [redacted]. Three attempts to contact [redacted] were
made on February 10th, 12th, and 16th via phone and
email. On February 22nd, 2016 we received a response from [redacted]
with the...

following:
Dear Mr. A[redacted],
 
Thank you for your
response and calls. I apologize for my late response—I have been out of the
office a significant time lately.
I am grateful for your
help in this matter. Sage has traditionally been very responsive to our needs.
This is why I was surprised by the lack of response to my emails from December
23rd, January 5th, as well as the subsequent calls to Ms.
A[redacted].
Sincerely,
[redacted]
We value his
business and relationship and understand the costs involved with having an
active merchant account. The merchant account [redacted] Account has been active since July 9th, 2009. The
account is [redacted] Compliant as of January 05th, 2016.  Per our terms and conditions, the account
must comply with [redacted] Compliance.
Since we value the relationship and business with [redacted] Account, a courtesy refund for the last two months for
noncompliance fees (November and December 2015) have been refunded.
For your convenience we have attached a copy of the
signed agreement with the terms and conditions. This case has been resolved.
Best regards,
Wilman
A[redacted]
Supervisor, Merchant Financial
Support
Sage
Office: ###-###-####
[redacted]@sage.com| NA.Sage.com
12120 Sunset
Hills Road, Suite 500 | Reston, VA 20190
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