Smart Choice Payments Inc

I am in receipt of your letter dated April 22, 2016 and I will address the issues you have brought. 
First, the charges are comprised of fees that were waived when you first signed the Merchant Receipt Form.  Attached to that document was a document entitled Placement Agreement terms...

and conditions which provided that Smart Choice Payments (Wholesale Merchant Processing at the time) could collect previously waived fees in the event of termination.  Those fees appear on the face of the Merchant Receipt Form and they are noted as 'waived'.  Those are the fees you were billed for.  You authorized Wholesale Merchant Processing to debit your bank account for any payments due under the agreement and provided a voided check for this purpose.  
Recently, we have begun an audit to find accounts in which fees were due that had not been previously collected. Your account fell under the category in which fees, assessed due to early termination of the contract, that were non previously collected in the past.
I hope this information helps to explain where these fees come from.   You signed a contract and had the responsibility to read all the documents thoroughly. I will send you copies of the documents as per your e-mail request.

Dear [redacted], Smart Choice Payments, Inc. regrets the difficulties you are currently facing. We are diligently reviewing your information. Smart Choice strives to provide great customer service to clients and would like to find an amicable resolution to this situation. Smart Choice Payments, Inc....

will have a response to you within 5 business days from today.  Thank you.

Complaint: [redacted]I am rejecting this response because:
You can hide behind the technical jargon if you want to. It is not going to hide the facts. While it is true that it is my responsibility to read the agreement before I sign a contract, the reps from this company also defaulted by not doing item #2, which says  "you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement, and;". I was never given a copy of the contract at that time. They were in a hurry to leave and promised that they would send me a full copy within 24 hours. They never did that. They did not give me a chance to read it either. However, this is not the only problem with your case. There is more evidence that I have which will prove that I will recover this money.
Since you have hard time understanding what I am saying, I will ask someone to contact you on my behalf whose language you understand better: an attorney. I wanted to give you an opportunity to avoid further action.  As I said, I know when I have been wronged. I am not going to waste my time with you anymore.[redacted]

Thank you for sending in the fax confirmation.  I apologize for the delay in getting back to you.  I now have a clearer picture of the facts surrounding your cancellation.  On 10/12/11, you signed a Merchant Application and a Merchant Receipt Form (MRF).  The Merchant Receipt...

Form, just above your signature states "“By signing below, you represent and agree that: (1) The information in and accompanying this form is complete and correct; (2) you have read and received a copy of the Placement Agreement terms and conditions and agree to be bound by that agreement, and; (3) you are authorized as an officer, partner, manager or owner to submit to this form and to bind the Merchant to this Placement Agreement.” (underline added for emphasis).
Under the terms and conditions of the Placement Agreement, the initial term of the agreement is three years with an automatic renewal for additional terms of two years each unless either party notified the other within thirty days prior to the end of the current term that it did not wish to renew the agreement. The initial three year term then, started on 10/12/11 and ended on 10/11/14. The first automatic renewal term began on 10/12/14 and ended on 10/11/15. A second renewal term began on 10/12/15. Your cancellation notice was fax'd to us on 11/24/15. Unfortunately, that notice was not "within thirty days prior to the end of the current term." The renewal term of one year had already begun so, in effect, the cancellation was an early termination and subject to the early termination fee of $395 as specified in the Merchant Application.
In addition, you stopped processing payments for over 90 days, which, under the terms and conditions of the Merchant Application allows WMP to terminate the agreement.
The Placement Agreement terms and conditions also provide under item number four, “Effect of Termination”:  
“Upon and termination, NAPS shall also have the right to collect from Merchant any fees that were waived including, but not limited to, the Application Fee, Programing Fee and Installation Fee.”
Due to early termination, you were billed the fees which appears on the face the Merchant Receipt Form but had been previously waived;  $495.00 Programming Fee, $199.00 Installation Fee, $99.00 File Build Fee and a $99.00 Application Fee for a total of $893.98.
 
Finally, the Placement Agreement provided that: “Upon any termination of this Agreement, Merchant must return any Equipment to WMP.  In the event Merchant fails to return the Equipment upon request by WMP or returns equipment that is damaged, defective, malfunctioning, or it is not in good working order, Merchant shall purchase the equipment for the full retail price of the Equipment . . . “
You were billed $800.00 for equipment returned. However, the MRF specified that the equipment's value
WMP is willing to adjust his rates and work with you on any issues you have if you will reconsider cancelling and continue using WMP services.  WMP is mindful of the need to accommodate demands for satisfaction.  As a company that thrives only due to its satisfied customers, WMP often meets its customer’s requests for service changes, contract modifications and other requests including waiving past fees and penalties that it is not obliged to.  WMP regrets Mr. your desire to cancel and strongly prefers a mutually beneficial conclusion to this business relationship.  Additionally, WMP strives to provide excellent customer service to merchants and would like to see an amicable resolution to this situation.  WMP would like to resume its business relationship with you and and we hope that he would consider working with WMP to find a positive resolution.  For the quickest possible resolution, please contact us at [redacted]@smartchoicepayments.com

Complaint: [redacted]I am rejecting this response because:
The fact that the employee no longer works for Smart Choice does not change the fact that he has put me in a situation where I am left to deal with 5 years of a lease with a company that has THOUSANDS of similar complaints or with legal action forthcoming when I refuse to do so. As an employee of the company, he misled me to believe that I would be able to cancel after 90 days if the rates did not prove to be what he had proposed AND as the "Non-Cancelable" lease agreement was part of this transaction, I had no reason to think that it would not be included in that trial.  Of course, in hindsight there are things I should have made sure were totally clear, but at the time the 90-day trial period satisfied my skepticism enough to try it.
As far as the "combined other expenses" I did not forget about it and it is not part of my complaint. Although that one particular charge was unrelated, as I told him as soon as I realized, I only included the email to show how early on I expressed my concerns and how quick he was to respond. Later on he simply stopped answering my emails when I had realized I needed to cancel. This must have been while he was still employed with them if my complaint asking for action to be taken against him is the reason for him leaving.
And you're saying I should have figured out the processing totals myself as "it's always the merchant's responsibility?"  The sales rep had copies of my previous statements and re-worked numbers with new proposed rates, based on the sales shown on those statements. Why were the numbers provided for me if it's my responsibility?  I am not in the credit card processing profession, and yes I did rely on the figures he provided.
I did not "hand-sign" anything. Everything was done by email with the salesman on the phone walking me through it and waiting for it to show up in his inbox.
It's true that my major complaint here is about the lease and the leasing company, but the Smart Choice employee did not offer an alternative to the lease along with the processing contract. He said I had to go with the lease to get the rates.
I was contacted by an account executive to try and see what they could do to make this right. It seems like she is really trying to do all she can, but if it was not for the lease contract we would never have had a problem, but since they got me into it and can't get me out of it, we still do have a problem.Sincerely,[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. Sincerely, [redacted]

I have to talk with my attorney before I can contact the attorney for Smart Choice and discuss a solution to my complaint.  As I said before, I am willing to resolve this matter amicably and in a timely fashion.  I had to wait over 2 weeks for a reply to my initial complaint and I feel that I should have a reasonable amount of time to plan a stategie to resolve this problem. I am willing to try and get back into the Smart Choice system and use them for my credit card transactions but I need assurances from them that the money they took from me will be returned in good faith once I start up my credit card business with them.
I plan to call the attorney by April 21 and try to resolve this issue.

I am very sorry to hear about the negative experience you had with Smart Choice Payments. It is our goal to be as transparent as possible when it comes to our contract terms. The agreement you signed did clearly state that there was a contract lease and it outlined all the charges and fees for which...

you would be responsible. Regarding the misleading claims made by the sales representative, we will definitely investigate further to ensure that the sales representative does not make similar claims to future customers. I will send you a separate message privately to see if there is anything we can do to help alleviate the situation.

Complaint: [redacted]I am rejecting this response because: What about the reduced processing fee?? The sales person sent a projected fee + equipment charge in the range of $1000 per month. I am doing less business than the projected volume meanwhile, I am paying $1300 in processing fee + another $480 in equipment charge. This is a total bait and switch scheme!!! Sincerely,[redacted]

Complaint: [redacted]I am rejecting this response because: The business didn't offer any solution but said they will look into complaint and get back to you.Sincerely,[redacted]

Hello.  I am the person who responds to Revdex.com complaints for Smart Choice Payments.  I have been out of the office since March 23rd and just received your complaint.  I will be back in the office on Monday, March 28th and will review your account and respond fully at...

that time.  Thank you for your feedback.  We value your comments as they continue assist us in striving to constantly improve customer service.

To [redacted] and All Concerned Parties: I, Anna P[redacted], am responding on behalf of Smart Choice Payments (SCP) as their Public Relations Administrator. This letter will address the Revdex.com complaint issued on behalf of Mr. [redacted] in the hopes of achieving an amicable resolution. As of today, December 14, 2015, Smart Choice Payments motions to close out Mr. [redacted]’s account with no cancellation fees, hinging on his return of the equipment to our facility address as listed in the header of this statement within ten business days of this letter’s date. SCP believes this will effectively settle the dispute in the customer’s favor and fully resolve the matter. Smart Choice Payments is mindful of the need to accommodate for the demands of the client. As a company that thrives only due to its customers’ satisfaction, Smart Choice Payments often meets its customers' petitions for service changes, contract modifications, and other requests without owing any legal or fiscal obligation to its clients. In this particular scenario, SCP understands Mr. [redacted] desire for indemnity and will assist him to the best of the company’s ability and resources in finding a way to alleviate the situation. Here at Smart Choice Payments, we strongly prefer a mutually beneficial conclusion to this business matter. We regret having to end our professional contract with Mr. [redacted], but SCP fully understands the nature of a free market and that industry thrives on always putting the consumer’s and client’s preferences as first priority. We hope that in the spirit of good faith and business practice, that this will be considered a congenial end to our transaction correspondence. If Mr. [redacted] ever wishes to renew a professional relationship with our merchant processing services, we at SCP would welcome the opportunity to earn back his patronage. Finally, SCP would like to thank Mr. [redacted] for bringing his account issues to our attention. We highly value customer feedback as it helps us progress and grow as a company. Mr. [redacted] may feel free to contact me directly at [email protected] or call my office phone at (888) 381-6800 extension [redacted] with any further questions or concerns. Best Regards, Anna P[redacted] Public Relations Administrator, Smart Choice Payments

Smart Choice Payments (SCP) sincerely regrets Mr. [redacted]'s dissatisfaction. An investigation began on Mr. [redacted]'s account immediately upon receipt of this Complaint and has been concluded. Mr. [redacted] / [redacted] enrolled in our services on May 10th, 2017 for advertising services. As stated on the...

contract signed by Mr. [redacted], Smart Choice Payments must meet it's obligation within 90-120 days. There has been no violation of the signed contract. Smart Choice Payments will cancel the creation of the ads and refund Mr. [redacted] / [redacted].   Thank you for your time. Salana B[redacted]HR(888) 381-6800 Ext. 1012

Complaint: [redacted]I am rejecting this response because: Please provide the details what will be "straight out" and also when.. Sincerely,[redacted]

I want to apologize, I have made a complaint against Smart Choice Payments and I would like it deleted. This company has been more than helpful, turns out the rep that had signed me was privately owned. Once they were contacted, they got in contact with me and have been more than helpful helping me...

solve my issue. Sorry for any inconvenience.
 
-[redacted]

Complaint: [redacted]I am rejecting this response because:
I [redacted] hereby states that I would not pay the amount North America Processing Solutions charges me, due to the lies they told me about their services being free no annual fee, and definitely no monthly fee and I got the necessay document to prove that as below. They said they would make it free because I had then open my shop and had no customers and I was not told about the amount they are charging me now.Sincerely,[redacted]

[redacted],Smart Choice Payments (SCP) appreciates the contact you made regarding returning your terminal to [redacted]. During the phone call with [redacted] on March 1st, 2017, it was stated that your contract with Smart Choice Payments is cancelled and closed. That is only your merchant processing account, not your leasing account. [redacted], the leasing provider, is a separate entity. When you enrolled for our services, you also enrolled for a leased terminal with a separate company, [redacted].SCP does not have the ability or authority to close your account with [redacted]. That is why you were emailed their contact info, address and instructions to return the terminal. We do regret your confusion with the phone call and hope that your process with [redacted] goes smoothly. Thank you,[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.
  The money was deposited back into my account on Friday - February 17, 2017.  I appreciate that Smart Choice did look thru our file and see that we indeed did have only an annual contract, and followed thru by putting the money back into our account.
Sincerely,
[redacted]

Smart Choice Payments (SCP) strives on maintaining a structured, organized and professional Customer Service Department to ensure assistance is provided to clients appropriately. SCP does regret that Mr. [redacted] is unhappy with the services. SCP conducted an investigation immediately upon receipt...

of this Complaint and found the following: June 16th, 2017, Mr. [redacted] contacted the Customer Service Department requesting cancellation of the account for ** [redacted]. Mr. [redacted] did confirm cancellation. You will find the notation filed on the account attached. We do see that ** [redacted] posses a Loaner terminal. SCP asks that the machine is returned to our Corporate Headquarters located at 10250 SW Greenburg Road, Ste. 200 – Portland, OR 97223. The Contract with ** [redacted] states that the terminal must be returned within 5 days of cancellation, but we will provide an additional 5 day window, beginning July 11th, 2017, due to the hardship Mr. [redacted] experienced with the services. Please return this machine no later than July 16th, 2017 and SCP will credit the account the $400 you were charged. Due to the difficulties Mr. [redacted] experienced, SCP would like to offer a credit of your first month's Lease Payment as well as your first month's processing fees. Also, if your terminal is received by July 16th, 2017, we will credit the $400.00 as well. Please feel free to contact Salana B[redacted] for any further questions or concerns[redacted]

We would be happy to send you the entire contract that you signed.  We have absolutely nothing to hide.  Thank you.