Smart Choice Payments Inc

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]

Contact Name and Title: [redacted], Public Relations AdministratorContact Phone: (888) 381-6800 ext. [redacted]Contact Email: [redacted]@smartchoicepayments.comRevdex.com Complaint ID #[redacted]Name: [redacted] L. [redacted] Company: 2nd Hand Wireless  To Whom It May Concern: I, [redacted], am responding on...

behalf of Smart Choice Payments, Inc. (SCP) as their Public Relations Administrator. This letter is in response to the Revdex.com Complaint #[redacted], made by [redacted] L. [redacted] doing business as the owner of 2nd Hand Wireless. This letter will address [redacted] L. [redacted] claims with the hopes of achieving an amicable resolution.
On March 19, 2015, Mr. [redacted], on behalf of 2nd Hand Wireless, entered into a Merchant Processing Agreement ("MPA") with SCP and personally guaranteed all of 2nd Hand Wireless obligations under the MPA. Shortly thereafter, SCP sent the processing equipment to 2nd Hand Wireless, which was accepted and installed by Mr. [redacted]. SCP continued assisting 2nd Hand Wireless with any and all concerns. On May 29, 2015, Mr. [redacted] called in to cancel the MPA for 2nd Hand Wireless. According to his signing of the MPA, Mr. [redacted] was informed of the MPA agreement and that the contract termination date was 03/19/2018. Mr. [redacted] wanted to terminate processing prior to the full term of the MPA, and therefore was charged an early termination fee. [redacted] L. [redacted] is a sophisticated business owner who entered into a commercial contract on behalf of his business. It is Mr. [redacted]'s duty to read the contracts in their entirety before signing them. Failure to read the contracts before signing does not relinquish Mr. [redacted] from the costs incurred due to early termination. Once he signed the contracts, indicating a meeting of the minds, Mr. [redacted] became subject to the terms and conditions of the contracts, including any applicable early termination fees. This includes all applicable fees on the signed MPA.
It is not SCP's customs and practices to waive all fees under the contract. However, SCP is mindful of the need to accommodate demands for customer satisfaction. As a company that thrives only due to its satisfied clients, SCP often meets its customers' petitions for service changes, contract modifications, and other requests that it is not legally or fiscally obliged to do. SCP oftentimes waives fees such as: Application fees; Programming fees; Installation fees; and Monthly minimums, in order to benefit the merchant’s business and continue its services with SCP.
SCP has already issued a check for $312.55 on May 18, 2015 for Mr. [redacted] to apply towards his buyout fees. SCP has record of Mr. [redacted] having that amount credited toward his account. Furthermore, SCP offered to adjust Mr. [redacted] rates and work with him on any issues he had if he continued using SCP's services.
SCP regrets 2nd Hand Wireless' desire to cancel with SCP and strongly prefers a mutually beneficial conclusion to this business relationship. Ideally, SCP would like to resume its business relationship with 2nd Hand Wireless and [redacted] L. [redacted], and we hope that Mr. [redacted] will consider working with Smart Choice Payments, Inc. to find a positive resolution. However, 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 professional correspondence.
Additionally, SCP strives to provide great customer service to their merchants and would like to find an amicable way to resolve this situation. 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.
For any further questions or concerns, Mr. [redacted] is encouraged to contact me directly at [redacted]@smartchoicepayments.com or at my office phone (888) 381-6800 extension [redacted].
Best Regards,[redacted], PR Administrator

Dear [redacted],
 
Your Revdex.com complaint was forwarded to me today.  I understand you have been having signage issues.  I spoke to Mr. F[redacted] and he assured me that he ordered the signage last Friday right after you spoke to him.  
 
As a company that thrives due to it's...

satisfied customers, Smart Choice Payments is mindful of the need to accommodate demands for satisfaction.  Smart Choice Payments would like to continue it's business relationship with Gold Country Adventure Cycles and we hope that Ms. [redacted] will consider to continue working with Smart Choice Payments to allow us to re-establish her trust.  
 
To that end, please feel free to contact me if you find any further delay in reaching your credit card processing goals with Smart Choice Payments or if there is anything else we can do to alleviate your situation.
 
Sincerely,
Legal Department

[redacted] signed a contract with our company for debt processing. Less than 3 months into this contract Fido’s failed to pay on their lease, which they signed a contract for. Our company has attempted several times to reach out to this merchant, to satisfy the merchant's needs as well as to...

work out any issues they are having. This merchant is not willing to work with our company to resolve any issues. At the time of sale this merchant signed a contract with our company this contract states:
Above the signature line are the sections the customer was agreeingto have read BEFORE SIGNING:"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 termsand conditions and agree to be bound by that agreement, and;3) you are authorized as an officer, partner, manager, or owner tosubmit to this form and to bind the Merchant to this PlacementAgreement:The Placement Agreement terms and Conditions also provide under theitem #4, "Effect of Termination":Upon and termination American Payment Systems shall also have the right tocollect from merchant any fees that are waived including, but notlimited to, the Application Fee, Programming fee and Installationfee."Therefore, due to early termination, the customer was billed the feeswhich appears on the face the merchant receipt form but had beenpreviously waived;1) Programming fee2) Installation fee3) File Build fee4) Application fee5) ETF fee6) Unpaid Processing feeThe customer defaulted on his lease as per the terms and conditions ofthe lease in the event, thus the entire amount of the lease becomesdue by ACH (bank debit), legal action or other remedies.Additionally, the merchant application and agreement the customeragreed to, per his signature, provides an "automatic withdrawal ofamounts from his checking account" for any fees or payments due underthe agreement. The customer provided a "voided blank check" for thatpurpose.Our company believes, at the time of sale, that we are working withsophisticate business people who know that it is his or his "duty andresponsibility" to read the commercial contract in its entirety beforesigning, on behalf of the company. Failure to read the contract beforeentering into an agreement [spoken or unspoken] does not relinquishthe customer from the costs incurred under the terms of the agreement.Therefore, upon signing the contract, indicated a "meeting of theminds" and therefore became subject to the terms and conditions of thecontract, including any applicable early termination fees. As far asissues with the leasing company, that is between the leasing companyand the customer. By signing their contract this merchant received a copy of the terms and conditions which states all of this information above. 
We are willing to work with this merchant to better their needs and would love to have them come back to our company.
I hope this resolved any questions or concerns.

Thank you for your feedback, we are reviewing your complaint and account history.  A formal response will be forthcoming.

Smart Choice disputes your claims, we were always diligent in acting quickly to address your business concerns.  In fact, you processed the following amounts as a customer of Smart Choice:  
$13,805.18, 03/31/15;
$13,700.07, 04/30/15;
$14, 040.80, 05/31/15
$9,488.19, 06/30/15
$13,216.80, 07/31/15
$7,149.26, 08/31/15
$12,243.52, 09/31/15
$11,094.38, 10/31/15
$14,037.86, 11/31/15
$9,655.35, 01/31/16
$0, 02/29/16
The record shows that your processing was fairly consistent, accounting for normal fluctuations in business activity, until your company stopped processing in January 2016.  The natural conclusion that anyone looking at this record would make is that if you had equipment issues, they were minor and did not have a significant impact on [redacted] ability to from process payments.

At this time our company has decided to take [redacted] out of collections and close all collections that we have tried to take. Also we would prefer to stay in good standing with the merchant and Revdex.com. We are no longer seeking collections and the merchant owes nothing. 
As per any other collections for her processing lease she will have to contact First data for that information due to the fact that is not our company and is owe to them and not us.

Complaint: [redacted]
I am rejecting this response because: I have attempted again to receive any sort of paperwork or reason this went to collection without ever asking me to pay or attempt to reach me.  I had been calling this company Smart Choice for well over a year, spoke to 6-7 different people over the 16 or so months and was always told they were looking into where the money I was calling about went?  Was told was still on hold, was told was being released from First Data, was told it was sent to a division called “Divert”, was told everything except where the money was and when it was being returned. We did business with Smart Choice so naturally I called them to ask where the money is?  I was NEVER told or asked to pay any additional fees because my accounts had been hit with a ton of fees at every corner of this 6 month hold placed and now I am in collections for another fee which Smart Choice never once asked me to pay or sent me a bill regarding even after I asked for documentation and account statements or breakdowns of fees. I was told they CANT give that info out???????   They did go into my account and try to take that amount out but because I was still waiting on the hold money to be released. There was no money for them to take so it just over drafted me twice at 29 each. 
I have sent an Email to Frank explaining I am open to would like to work with them on the two issues I have had but that I need to know this bad faith Collection attempt has been canceled and not just paced on hold?  I have also requested for both Smart Choice and The collection place hired by smart choice to please send me some documentations or paperwork on this bill.  after phone calls and emails I still have not received any documentation or proof of this bill or any of the held money?     In the last response I was questioned with the validity of 1099 tax paperwork I forwarded to Smart Choice that I received by First Data regarding the HOLD money?  That is proof that I ran 20k + of business in one month but smart choice only refunded 700 or so almost a year later?  Why ?  How does that work? 20k + was run in Jan 2015,. We were on hold since Oct 2014 but we get 700 back and you think that's ok?  I also sent you the Wells Fargo Merchant account numbers for same time frame in which we ran 7K and was refunded 5500 back which Wells Fargo charged us about 70 in fees? Wells Fargo merchant account sent statements and showed everything I asked for but you guys refuse… Why would the two merchant accounts be so far apart in what was held and refunded ?  That does not make since?   
AGAIN, I have been very patient asking about this and all that I get back after a year and half is an unfair collection attack placed on me by Smart Choice? Once this bad faith collection attempt is canceled out and resolved then we can resolve the missing money which I have yet to get much info on from Smart Choice other than call First Data or Applied Merchant which both say that Smart Choice was the company in charge of dispersing the funds back to us and that they both see the account was used and run and money was returned back to Smart Choice to be refunded back to us "The Customer", yet never was? The account number used to speak with all 3 companies is our Smart choice account number?                 My bank account shows the money NEVER being returned,  The merchant account shows the money beginning run and then frozen by Smart Choice and First Data.  I spoke to Mindy Winters at First Data and William Broger and Kim Chin at Smart Choice back in 2014 and was told then that the money would be held for 6 months tops and then released.  To this day I am still waiting?  And now dealing with a collections attempt....   :(
I would like to see the collections charge Canceled outright and then I would like to have a conference call between Smart Choice and their vendor First Data (applied merchant if need be) so we can figure out where the money went and get it returned. Because it did not go back to my account and so if not then where did it go?  And 20K cant turn into 700 dollars because of fees of over $19,300 ?  I would hope that is not what Smart Choice is trying to say?  
I do want to make a point to say that Frank has really tried to help and has been trying to figure this out as far as I have seen. This is not the outcome or forum either of us wanted.
Sincerely,[redacted]

Smart Choice Payments understands that you are seeking legal counsel for assistance.  We look forward to hearing from you after you have consulted with your attorney.

Smart Choice Payments will continue to work with you on this matter as evidenced by our conference call yesterday.