Sphyra

[A default letter is provided here which indicates your acceptance of the business' responseIf 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 Regards, [redacted] ***

Good Morning,We sincerely apologize for the delay in getting refunds to the client. The client did call the bank to obtain a refund on 11/3/The bank did not process her refund request right away, and we apologize for the errorThis refund was never in dispute, but
there must have been an error in the process at the bank, as the original refund request was not completed. When the client called in to our direct support line on 11/13, our protocol is to send the call back to the bank to inquire into the refundThis client did not want to wait on hold, so a member of our support team let her know she would follow up with the bank to get the refund processed without her having to wait for a bank agent. In order to expedite the refund request, we recommended the client submit a bank statement to us showing proof of the charge, so we could request the refund on her behalfWe requested the bank statement from the client in an effort to expedite the refund on 11/13.Our office was hit by a severe storm that knocked out our computer system, phones and email from the afternoon on 11/until approximately 9am 11/19. A member of our support team called the client back on the morning of 11/to follow up, as we had not yet received the requested bank statementThe client probably did attempt to send her bank statement to us while we were unable to respond on 11/We apologize, as we do have backup systems in place to prevent this situation, but our backup systems were also out due to the severity of the stormWe talked to the client again the afternoon of 11/to confirm we not longer needed the statement, and also confirmed the bank was processing the refund. Per the bank, a refund check is now on its wayThe client will receive the refund within 5-business days and it will be mailed via check to *** *** *** *** *** ** ***.We sincerely apologize for this delay and the billing error, as the client should not have been charged $250. We understand the client is losing patience with us, but we are doing our best to get her the refund to her as soon as possibleAdditionally, we discovered another billing error with the terminal insurance going out of the client's bank account after the account closedThis was an error at the home office and we have issued the client a check in the amount of $to account for the cost of the stop payment she had to place as well We called the client to confirm the address and are processing the check today.Please let me know if there is anything else we can do to assist the client at this timeAgain, we are very sorry for the inconvenience and billing errors

[A default letter is provided here which indicates your acceptance of the business' 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. 
Regards,
[redacted]

Mr. [redacted],
Per your merchant account contract, your account is subject to an early termination fee if closed prior to 36 months of opening.  Our records show your account was opened August 6, 2013 and closed May 4, 2016.
We apologize for any difficulties you may have had reaching customer...

service. We know last fall was especially busy due to the EMV upgrade requirements, and hold times were much longer than normal. This has since been resolved, and you should not have had such an extended wait for service.
As a courtesy, we are requesting a refund of your ETF, as you were only a couple months short of fulfilling your contract terms. Please call us directly at 877-928-0305 ext. [redacted] if you have any further questions about your account or the refund.
Best regards,
Rebecca J[redacted]

Review: Upon receiving a phone call from a sales representative that was kind of pushy to meet up and get services started, I was unsure about this company. I met with the sales representative that was still pushy in the meeting and told me to give her a voided check so they would have the information on file when I was ready to go. She also had me sign a contract with them and told me that I could cancel any time if I was not happy. I had several questions that the sales representative could not answer while she was there and told me that she would get the answers for me. After about two weeks of, "I am still trying to get these answers and am having no luck", I called and tried to cancel. They then told me that I would be charged a cancellation fee if I canceled. I told them that I was told that I could cancel at any time if I was not happy and they said that I would be charged no matter what because I signed the contract. So I waited to cancel and FINALLY got the answer I was looking for about 2 Weeks later. So I am already one full month into service and have not used anything yet and am getting charged a monthly fee with no description on what it is for. Finally get things working and all seems ok then get my first statement with a $25 Additional Fees that I was not told anything about which is apparently a one time setup fee. That is fine, just would have liked to know about it. All seems ok and I get my 3rd statement with another $30 additional fee that I was never told about. Called them again and they told me that it was because I was not in compliance. Another thing that I was never told about. All I want from this is to close my account and not be charged a cancellation fee because I have been lied to from the beginning about everything that was told to me. The sales rep that signed me up for this didn't know much about the company and had no clue about answers to my questions and took weeks to figure out, and I was only able to get my answers after I wanted to close my account.Desired Settlement: I want my account with Merchant Services Direct, to be closed without being charged their cancellation fee. I feel that this is only fair considering that I was lied to about everything from day 1.

Business

Response:

In response to the above referenced complaint, we have researched this account, all notes, statements, etc. on this account. Please consider this as the formal response on behalf of MSD/Sphrya.

We apologize for the issues that this merchant has experienced on this account and would like to offer to close this merchant’s account without the penalty. It appears that this agent was brand new when she signed this account and was not trained as well as she should have been. We would like to address the issues of fees the complainant listed to help all parties understand what happened here. 1. The agent was not trained enough to get the merchant answers to his questions. She could have simply called in to Corporate for answers to these questions. The merchant could have called in to get these resolutions as well. 2. The first statement (April 2013), this merchant was only charged $5 statement fee. The 2nd month (March 2013), the merchant was charged a $30 PCI fee, along with the normal batch header and $4.95 regulatory fees. The 3rd month (May 2013), the merchant was charged the same statement fee, $4.95 regulatory fee, and normal card fees. The last month (July 2013), the merchant was charged, the batch header fee, a return fee (.08), a statement fee, regulatory fee and another $30 PCI fee. 3. On 5/13/13, we lowered this merchant’s rates to .03% + IC from .5$ + IC. 4. Since the agent quotes a 90 day “trial” period that does not exist, in conjunction with the miscommunication on the PCI fees, we are offering to waive this merchant’s ETF so that he can close his account. Lowering his rates was our attempt to save the account, but it appears the merchant is still unhappy. If the merchant would like to give us one last shot, please do!

This is an issue we have uncovered internally and have taken the following measures to ensure our accounts do not end up in situations such as this one:

1. We launched an interactive, company-wide training video that is module based and our agents will be required to pass a test to move on to the next training module;

2. We are launching a Quality Control program next week where each merchant will have a dedicated Relationship Manager that will contact them upon receipt of their application, to ensure all parties are on the same page.

3. Part of the QC program involves our Corporate Trainer to go out to each office, do one on one reviews and trainings with agents and owners, as well as ensure the trainings are completed and any issues are resolved.

4. New mobile application that will allow a more accurate merchant savings analysis at the time of the appointment.

Please be advised, in order to close this account, the merchant needs to complete the attached closure form. Since, we are nearing the end of the month, the sooner this form is returned, the quicker the account can be closed. If the merchant decides to stay with us, please notify us that this complaint is resolved and they would like to retain their account with Sphyra. If that is the case, we will have his new Relationship Manager contact him ASAP to resolve any further issues.

Please let me know if these is anything further that I can do to resolve this account.

Thank you,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID 9663476, and find that this resolution is satisfactory to me.

Regards,

The merchant services direct sales person promised great savings to my employer. After the switch was made to MSD I noticed that the huge savings did not seem to be there, also there was an enormous set up fee that although in the contract the sales person had neglected to disclose this. MSD also put a limit on the amount of sales we could process in a month, this was not disclosed prior to signing up. The agent said that could be waivied or raised and she would take care of it. All the while MSD is holding onto thousands of dollars. We were told it had been taken care of and MSD released the funds only to put another hold on $10,000 in sales, according to their "customer service" reps it had not been cleared up and the agent knew this. Because I was skepetical about changing I had not cancelled our previous provider, we reprogrammed the machine and spent the next 6 weeks batteling for release of our funds. After all this they had the gall to try to charge a cancellation fee!

Review: I called at the end of April and spoke with a [redacted] about my account, after sending me a form stating "savings" for my business. I selected not to use the bank card services of Merchant Services Direct anymore and proceeded to close the account with [redacted]. Verbally , over the phone I informed her that I wanted to close my account as of the end of April 2013. I was told that the co. would be sending a p/up for my verifone machine. After about a month of waiting for the pick up I called [redacted]. She advised me that I had not cancelled the account and she had no record of our conversation. Now a month later she tells me that they never send pick ups and that I needed to return the fax cancelling my acct. Which I did, again. A few days later I called again wanting to know if she had received my fax. Her answer was no, I then asked her why she had not followed up with my request and again she said she had no record of a fax being sent. I told her that I had succesfully sent a fax to her, she at this point asked me if I was confused. Now a week later I still have no reply from [redacted], so I call again !! She had no fax from me , then all of a sudden yes ! she did get a fax but it's blank. RIGHT ! Now I again fax the cancellation form and call this morning with no reply from [redacted]. In the meantime I get another bill for nonuse of their services- WHAT ? I AM TRYING TO CANCEL THIS SERVICE, THANKYOU .This is why there is no activity on the account. I now call my bank and they inform me that this company is fraudulent and that several businesses in town have been ripped off. Please help me get a refund from this obviously fraudulent company and help other unsuspecting business owners from making the mistake that I did.Desired Settlement: 4/3/2013 5.95 charge for billing me for nonuse of acct.4/31/2013 34.95 charge for not using the services of Merchant Services Direct which I have cancelled ! 5/3/2013 5.95 charge for billing me for nonuse of acct.5/7/2013 20.00 charge from my bank Gunnison Savings and Loan for the stop payment to Merchant Services Direct. Total $66.85

Business

Response:

Hi [redacted] In regard to the complaint # listed above, please accept this email as our formal response. This complaint was thoroughly investigated by obtaining all correspondence, review of all notes on iPayment and MSD CRM systems, transcription of recorded calls, and a timeline of events. Since the merchant accused our Customer Relations department of not following through with their promises, we wanted to ensure that we did manage the account thoroughly. After the investigation was complete, we determined that we have done everything possible in an attempt to retain this merchant’s account. The merchant account was live and active for a year prior to the merchant choosing to close her account and switch to Square. iPayment assisted the merchant in batching out on a few occasions throughout the year. To date this merchant has received a total of $91.42 refunded back to her in an effort to retain the account. The merchant was expected to have her rates adjusted so that her fees would be more suitable to her processing needs in March 2013; however, the merchant never returned the form necessary to decrease her rates. Our Customer Relations Supervisor even followed up with her a week later when the form was not received (left a voicemail). Notes on the CRM for iPayment indicated that iPayment had similar issues with the merchant in regard to her not being able to receive certain communications just as we had experienced with the merchant. There was no contact from the merchant between 3/20-4/25 and therefore the account and the rates remained unchanged for March and April. Had the merchant returned the required documentation to lower her rates, she most likely would have stayed with MSD. The merchant claims to have sent in a cancellation form earlier than when we received it for processing on 5/7/13; however, we never received the form prior to 5/7/13. The cancellation form is required to cancel the contract on merchant processing accounts. Unfortunately, at this time, we are not willing to offer the merchant any further refunds on her account as we have done everything possible to attempt to retain the account. The account was closed as of 5/8/13 with a waiver of the ETF.

Thank you,

Review: I was contacted by a merchant services account representative about lowering my credit card processing rates and promised that if I switch over the fees would be reduced. I was promised that I can try out the service for 30 days and if I was not happy with it I can cancel at anytime without termination fees or bound by any long term contracts. I processed several transactions within the 30 days trial period and realized that I was not saving any money and decided to cancel the contract. I was told that there was going to be a $350 termination fee and I was obligated to a 3 yr contract which was not disclosed on any contracts that I signed. I was informed by the sales representative David Bernal there would be no termination fee and it would be "risk free" for 30days. I've tried calling the sales rep, there was no response from the rep. I contacted Merchant Services Direct customer service trying to resolved this contract issue and was unsuccessful. I had requested a copy of the sign contract I signed which states the terms and conditions, Merchant services will not refused to send me copies or proof that I had signed such a contract. My account has been debited a total of $1058.24 since 11/2/12. I'm requesting a refund for the fees charged.Desired Settlement: I'm requesting a refund for the fees charged of $1058.24 since 11/2/12

Business

Response:

This email is in response to the above referenced Revdex.com complaint posted by [redacted]. Please accept this email as the formal response on behalf of Sphyra.

On September 9th, 2013, this merchant called in wanting to cancel the account and spoke to our Customer Relations Dept. He told our CR representative that he called almost a year ago to have the account closed and it was not. Our CR representative reminded him that we did receive a call from him on 12/4/12 to close the account; however, when we advised the merchant of the ETF. he stated that he didn’t have one. When our CR representative told him that our records do show that he does indeed have an ETF, he was unhappy. We attempted to retain the account and make the customer happy by offering to try for a limit increase. He agreed that if the limit increase were declined, we would waive the ETF. The increase was approved and even offered to meet or beat his fees with previous processor. In order to complete the increase and rate change, we let him know that we needed a document from him. However, the merchant never returned the calls or emails. We never received the document we requested.

Due to the unresponsiveness of the merchant throughout the course of this account, we cannot offer him any refunds. However, as a courtesy and in an effort to end this relationship on a positive note, we will offer to waive the ETF. The merchant has already been sent the closure form. Please relay this email to the merchant and have him return the form ASAP to close his account without penalty.

Thank you,

Senior HR & Legal Administrator

Review: I signed a contract in May on 2012 with this particular merchant. After signing my contract the only way I could turn on my machine is by faxing my information, which I didn't have a fax at the time and mailing it would take to long and I needed to start my credit card machine sooner then what the mailing process was going to take. and they wouldn't let me email it at first. Finally, after 2-3 weeks of back and forth discussion they let me email over my information so I could start using my machine.Fast forward a few months to August. I wasn't aware that by signing a contract that fees outside of the normal ones, could just be drafted out of my account. I was being charged 14.95 a month for something that wasn't mandatory. I had to call and get this fee taken off that wasn't authorized.Now, in May 2013, I'm thinking that my year contract is up only to call and find out that I have a three year contract. When I called this time the first man I spoke with told me my contract was two years, the next person I was transferred to said I had no contract, and the third person told me it was three years. This is not the first time I've called and have gotten different answers for the same question. When I realized that the girl that initially came into the salon gave misleading information about the contract I called customer service to speak to a supervisor. The lady I was speaking with informed me that it was a $200 dollar fee to cancel the contract and that the supervisor was very busy and probably wouldn't have time to talk to me but that she would get back with me in a couple of days. I didn't get a call back till two weeks later. I called again today and was able to speak with the supervisor who informed me that the fee was actually $250 dollars. This is why I was so glad when I thought my contract was up in may of 2013 because the left doesn't know what the right is doing at this place. This company is really lacking organization, consistently, and customer service.Desired Settlement: I would like to get out of my contract. I don't believe with the service that's been give to me this year alone that I should have to pay $200-$250 dollars to break this contract that I wasn't aware that it was three years in the first place. I would like to not have to pay but if not I would like to only pay a portion of the fee.

Business

Response:

Hello,

This email is in response to the above referenced complaint of [redacted]. We have reviewed this merchants account and offer this email as a resolution. This merchant has been thorough too many issues in setting up her account with us. We apologize for the issues she had to deal with in that regard. Also, it is not 100% clear as to what was communicated to her by MSD in regard to her contract term; however, due to the issues she had in initially setting up her account and the miscommunication that may have occurred, we are willing to waive this merchant’s ETF. To be clear, this was a 3 year contract; however, a year has passed and she had a remaining 2 years left on the contract. Her ETF was $250 and we have waived this for her in an effort to resolve this complaint amicably for all parties involved. Please remember to return the equipment you have to the following address: [redacted] Also, please do not forget to send in the cancellation form ASAP. I attached the cancellation form for your convenience.

Thank you,

Senior Legal & HR Administrator

Consumer

Response:

[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.]

I have reviewed the response made by the business in reference to complaint ID 9648095, and find that this resolution is satisfactory to me.

Regards,

Review: I began using Merchant Services Direct in May of 2013 for my business. In August I received a call from my agent of MSD stating that I needed to cancel my service as soon as possible due to MSD being investigated by the FTC. I contacted MSD corporate office via email and was called by someone who told me that the allegations were not true and that they were coming from a disgruntled employee. Instead of investigating, I believed her and continued using their services. Shortly after, I attempted to contact MSD for a terminal issue and was unable to find any contact information online. I also attempted to call the number on my business card from my former agent. The woman from corporate that I spoke with had left me her phone number but I misplaced it. In my attempt to find contact information via [redacted].com I was educated in the FTC investigation as well as reviews from other websites stating the complaints made against this company. I was informed by my other credit card processing agent that MSD was now Sphyra. I sent an email via their website stating my issues and that I wanted to cancel my service due to lack of communication and because MSD technically no longer exists. I was immediately contacted by the woman from corporate telling me that MSD does still exist, that everything is fine (which is a lie), and that cancelling because of these things is not realistic or plausible. [redacted] is the name of the woman at the Sphyra/MSD corporate office. She is hostile, rude, and not helpful. I would really like my service with MSD to be disconnected but so far whenever I attempt it, the conversation turns into an argument.Desired Settlement: I want my service cancelled with Merchant Services Direct and I don't feel that at this point I should have to pay the cancellation fee since it is of no fault of mine that they are no longer a reputable or really even existing company.

Business

Response:

This email is in response to the Revdex.com complaint made by [redacted], dba [redacted]. Please accept this email as Sphyra’s (formerly MSD) formal response.

[redacted] is correct about the following: she applied for and contracted to use our services in May 2013, and she began processing credit card and debit card charges for [redacted] in June 2013; by her own account and our company records, she was happy with our services for several months. Unfortunately, she received a call from one of Sphyra’s former, disgruntled sales agent who had been terminated by Sphyra. That former sales agent was terminated by Sphyra because the sales agent did not meet Sphyra’s high standards of business. The former sales agent then capitalized on the pending lawsuits by the FTC and the State of Washington in an attempt to recruit and solicit Ms. [redacted] to move her business from Sphyra to the company for whom that agent went to work after being terminated by Sphyra.

When Ms. [redacted] contacted Sphyra, our Partner Support Representative [redacted] did everything she could to try to explain that Sphyra vehemently disputes the allegations against it and that Sphyra remains an active business concerned first and foremost with the satisfaction of its merchants. Partner Support Representative [redacted] provided a direct line at which Sphyra could be reached to address any future questions or concerns that Ms. [redacted] might have. We hoped that having a direct, personal contact at the company would show Ms. [redacted] we were committed to ensuring her satisfaction with our services. This direct phone line was provided to Ms. [redacted] in addition to the general contact information previously provided to her via email and telephone in May 2013. Supporting records detailing these emails and phone conversations is available upon request.

The Revdex.com’s own website, the WA State Attorney General Information Release, and the press releases issued by the FTC have made it extremely difficult to keep our merchants; even merchants who were happy and satisfied with our services have asked to breach their contracts because they feared the worst after reading the press release about Sphyra. The business disruption caused by the press release was worsened because the companies issuing the press releases failed to update their posts and websites with accurate information detailing the court’s initial rulings and Sphyra’s response to the unfounded allegations raised in the press releases. Sphyra continues to suffer ongoing harm as a consequence of the press releases.

As we understand Ms. [redacted]’s complaint, she is afraid that Sphyra is not an active company. That is mistaken and we welcome an opportunity to address Ms. [redacted]’s concerns and questions because she is a valued customer. She is also free to discuss her questions and concerns with our company’s lawyers. Sphyra is ready, willing and able to continue to provide excellent service to Ms. [redacted]’s business. If Ms. [redacted] wants, instead, to cancel her contract with Sphyra, she needs to complete the attached form and return it to our office via fax at ###-###-####. Ms. [redacted]’s contract is attached for your convenience and for Ms. [redacted]’s convenience. If she chooses to cancel her contract, the early termination fee is $350, as clearly stated in her signed agreement.

We trust that this response will sufficiently address any concerns. If you should need additional information, please contact our Customer Relations department at ###-###-####, Ext. [redacted]. Once you have had an opportunity to review the facts, I would appreciate confirmation that this matter has been resolved and that no damaging negative statements about this matter will be published.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

Regards,

MRS. [redacted]

1. The "disgruntled former employee" did NOT attempt to get me to sign on to her new company and don't appreciate being treated like an it who would follow someone the likes of that just because she no longer worked for you. I took her advice under advisement and after doing the research agreed with the fact that I should attempt to disconnect my service. She, along with others, suggested the Revdex.com in order to resolve my cancellation.

2. I am not only cancelling because of the name change that I was not informed of (which I feel was impersonal and irresponsible), but because in my 2 attempts to cancel my service, [redacted] proceeded to argue with me instead of follow through on my request. I pay MSD, so technically MSD should be working for me. NOT arguing with me, telling me I'm wrong, and dismissing my requests.

3. I also do not appreciate the company not taking responsibility for their issues with the FTC as well as the issues that I have. They are instead placing blame on the websites (not updating the FTC investigation), the former employee, and myself.

4. I have requested a stop payment on all finances attempted to be retrieved by MSD/Sphyra via my bank account. I do not want to be charged for services that I am no longer using, nor be charged for a cancellation service behind my back. I have also returned their swiping machine to the headquarters address in Spokane, WA.

Business

Response:

Hi [redacted],

It is unfortunate that this merchant cannot work with us on a resolution in an amicable manner. There is nothing we can do to help this merchant at this point. In an attempt to resolve this matter, I have attached the two calls we have on file between the merchant and [redacted]. This should resolve her concern about our employees arguing with her when she attempted to close her account.

Although we asked that the merchant return the cancellation form to close her account, she refused to work with us and instead closed her account and stopped payment. She didn’t need to do that by any means and we could have resolved this by receipt of the cancellation form. As of today, it appears that her account is still open. Until we receive a cancellation form from the merchant, her account charges may continue to accumulate and in turn she may be taken to collections in the future. We ask this merchant once again to please complete the cancellation form and return to us ASAP.

Resolutions Manager

[redacted].com[redacted].com

(P) ###-###-#### | (F) ###-###-####

[redacted], WA 99212

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

This company is not at all interested in helping me with my discpute. They could care less if I cancel or not because they get paid either way, even if their name is tainted. Apparently if they are going to threaten to send me to collections I have no choice but to pay the cancellation fee and some point or another. I will pay it when I have the funds available, but because they have continuously taken money out of my account for PCI non compliance (even though I am fully compliant with another company), I am unable to afford to that right now.

Regards,

Review: $1068.48 charged since March 2012 for services that have never been used because they never sent my clinic the proper equipment! I had entered into a contract with Merchant Services Direct back in March of 2012 with the agreement that I would use their services and pay the agreed upon fees granted that I receive a compatible machine at no cost. The machine that was sent was not compatible and could not be installed. The company was notified that the machine was not compatible and that because of that, my medical facility was not able to process any payments with their equipment. To date I have never processed a single card for a single penny through there accounts. They have charged me to date, June 5th 2013- $1068.48 for services that have Never been used. I called in August of 2012 to notify the company of these issues and I was told that my June and July 2012 payments would be refunded and that my contract would be cancelled. Today I spoke to a representative named [redacted], she would not give me her last name. She may be [redacted] as indicated on the companies Facebook page. She was not helpful, or polite, or understanding that since her company had not held up their end of the contract by sending me the proper machine to be able to process credit and debit cards then my business is not required to pay for services that are not used. She said that it was my responsibility to check my bills and call them if I was having this problem. I also spoke to a "[redacted]" who also would not give me her last name, possibly "[redacted]" from their Facebook page. They have not helped to resolve this matter. I have spent over 4 hours of my time just today, that I could have spent working with patients, or any other of my services that help people. This matter has been brought to the attention of the Business Fraud Department of Wells Fargo bank and is currently under investigation for breach of contract and mis-appropriate charges by Merchant Services Direct. This will go to litigation if not resolved!!!!!Desired Settlement: I want a 100% refund for all amounts charged!! That is $1068.48 All my company is asking is to be refunded the amounts charged for services that were Never provided. Merchant Services Direct did not hold up their end of the contract by sending me a machine that was compatible with my office. They breached the contract and no cards were ever processed with their company. To avoid further loss of time and to avoid litigation I would hope this could be resolved amicably and ethically.

Business

Response:

This email is in response to the Revdex.com complaint referenced above. Please accept this email as the formal response on behalf of MSD. We have investigated the claim in full by reviewing all notes, emails, recorded calls, etc. and have decided to offer this merchant relief beyond what we would normally do on an account of this nature. Please ensure the details of this settlement are removed from public record.Since this Revdex.com Complaint was posted, the merchant was already refunded for 3 months of monthly fees ($25 monthly minimums + $6 statement fees for each month), plus the annual fee ($49.95). A total of $142.95 was refunded to this merchant on 6/6/13. This is our standard procedure for accounts that go unresolved for almost a year without communication on the merchant’s part. However, when specifically discussing refunds beyond those three months, we look at the sole responsibility on the business owners to review their statements to ensure that improper charges are being taken care of in a timely manner. Unfortunately, the business owner who submitted this complaint did not contact MSD, or iPayment from August 7th, 2012 until June 5th, 2013; even though he was still being charged monthly fees. If this matter were to go to litigation, we would assert the affirmative defense under the Doctrine of Laches. This merchant has basically “slept on its rights” to request a full refund of all charges on his account. As a reasonable person and business owner, this merchant must keep a close eye on risks to his business and equity. It is reasonable for our business to expect another business owner would do everything in their power to remedy their account to ensure improper charges are being taken care of in a timely manner. For example, if the merchant had called in to ensure his account was closed, he would have been told how to get rid of the recurring $30 PCINA fee that hit his account every month for over a year.However, because we want to end this relationship on a positive note, we are going to refund all monthly fees this merchant has paid on his account in 2013 (provided the attached release is executed). He has already been refunded for March, April, & May 2013 and we will request refunds for monthly fees he was charged in January and February after the Release is executed. Also, although we are not able to offer any refunds for being PCI non-compliant ($30 fee the merchant paid each month), we are able to refund ½ of the PCI Annual fee that posted to his account in November and December 2012. We will be issuing a refund in the amount of $120 for ½ of the PCI Annual Fee as a courtesy. Lastly, as a courtesy to the merchant to show we absolutely would love a positive resolution on the account, we are going to waive the $250 Early Termination Fee in full. The merchant has not returned the necessary cancellation form needed to stop any further monthly charges from hitting his account. He was sent the attached cancellation form on 6/5/13 and the merchant has not returned the form to us. If the merchant can return the cancellation form before close of business Monday, June 24th, 2013, in addition to the attached Release of All Claims to our Legal department (via fax at ###-###-####), we will submit the cancellation form to the bank right away and attempt to stop another set of monthly fees from hitting his account. If June fees do hit this account before it is fully cancelled by the bank, please notify Customer Relations ASAP at ###-###-####, Ext. 273 to remedy a refund for June’s monthly fees. In order to process all refunds and waivers mentioned above on the account, the merchant must execute the Release of All Claims Agreement attached to this email. Please let me know right away if there is going to be any delay on getting this account taken care of. We feel that these offers are fair to both parties involved and the merchant should be highly satisfied with the outcome of his complaint.

Thank you,

[redacted] | Senior HR & Legal Administrator

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID 9571178, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

I have Never received any services from this company! They have Never processed a single card for a single dollar! Why does this company and its legal administrator feel justified to give a partial refund when no services where ever provided? The term "slept on my rights" was used by [redacted]. Does this mean that she knows that they have been inappropriately charging me for services they have not provided but still won't refund me 100% for all the money inappropriately charged. So by that logic if someone is stealing from me it is my fault if I don't catch them even if they know they are stealing. She also said that it is my responsibility as a business owner to "merchant must keep a close eye on risks his business and equity". So, [redacted] has just referred to her business "MSD" Merchant Service Direct as a risk to my business and equity!! This business solicited me! I did not approach them! They gave me some rates that appeared good and then took a blank check and started to charge me each month. Even though they did not keep their end of the contract by sending me the proper equipment to process cards through their company. Having a blank check from my business does not give them or any other person or company the right to just charge my card when no services are provided. If [redacted] found a blank check on the street could she fill it out for $1068 and cash it? No. That would be check fraud! They did not keep their end of the contract and clearly the ball was dropped on their service end. This should be a simple clerical error and MSD can clearly show,as can I, that I have never used their service to process a single penny!! They made a mistake and didn't properly take care of a potential new customer. They did not send me the equipment needed to use their services. Why do they feel justified to send people out to solicit their services and then charge these business when they do not complete their end of the contract. I am absolutely shocked that I am having to work and fight this hard to get money back for services not rendered!! I have studied business law and business ethics at the university level and these are not ethical or moral business practices! Where did [redacted] get her legal training to hold the title "Senior HR & Legal Administrator" because these are not ethical business practices! I would be very interested to see what an ethics board would say about this businesses practices. Merchant Service Direct did not uphold their end of the contract by sending my business the proper equipment to process cards through their company! Why can they not simply refund me the money inappropriately billed for services not provided? Why do they feel entitled to $1068 of my hard earned money that I made by actually providing people with services that they want and need and received!

Regards,

Review: Told I had a .5% rate on all credit card sales. The rate was 5 times that when I got the bill. Told I had a one year contract. Billing me $250 for early termination of a three year contract. Ihave been with them for over a year. Cannot believe one word spoken by anyone in this company. Especially [redacted]Desired Settlement: Refund of contract closure fees.

Business

Response:

This email is in response to the above referenced complaint.

Please accept this email as the formal response from MSD on this matter. This merchant has been processing with us since the end of 2011. In regard to the allegation that he was only supposed to be charged .5% on all credit card sales, in August 2011 he called in to iPayment and stated the same thing; however, iPayment advised him at that time that the .5% he was referring to was the basis points with payment of fees to be charged on top of the interchange rates. Shortly thereafter, the agent on the account even lowered his rates to .1%. This merchant has called into iPayment several times over the years with various issues from errors on his terminal and POS, to rates and fees, batching out, PCI, and password resets. It was not until June 2013 that the merchant actually called into MSD because he needed to cancel his account. He stated the reason why he wanted to cancel his account was because he wanted to switch to a different company. He was very aware that his contract was over a year and appeared to be a happy and satisfied customer up until he decided to close his account and move on to a different processor. We tried to retain the account by lowering his rates so that he could finish out the term of his contract; however, he had already decided to move on. At this time we are not in a position to refund this merchant any further fees, nor the ETF. The ETF will be charged to the merchant for cancelling his 3 year contract before the term finished. We apologize for not being able to offer a better resolution on the account.

Thank you,

Senior HR & Legal Administrator

Merchant Services Direct

(P) ###-###-####, Ext. 140

(F) ###-###-####

Spokane Valley, WA 99212

Today, the second time in a week, a representative from Merchant Services called me at my business, to let me know that they "will be in the area and need to set up an appointment with me to go over changes in the current credit card processing laws."

They demanded a meeting, as if by law it was required I listen to them: a very crafty method of intimidation, pushy and aggressive.

It took me quite a while and persistence to even get the name of the company these two callers are representing out of them.

After I suggested that I am happy with my current provider, and that if they want me to switch to their company, they should just say so, instead of lecturing me what I need to be educated about, it It became a full fledged argument!

These people will not give an inch, they will adamantly hold on to their spiel that you need to listen to them, they leave it nebulous who they are, just "[redacted] from Merchant Services", so you first think you're talking to your own company rep, or federal law agent, or whatever.

I then did some research and learned about all the complaints against this company. Luckily I was smart enough to not get involved with them, but I am afraid others might be reeled in with false promises, etc.. It cannot lead to anything good!

Review: On 3-7-13 [redacted] from merchant services came in the salon and was offering a credit processing service for 30 to lease the machine and 45 was the total bill including all fees and the machine lease, no start up fee. I was hesatant to change companies but she was saying how much I would save and it also had a tip line and the money would be put in my account the next day. Well on 4-2-13 they took 28.37 out of my account and for the lease machine they took out 92.50. I called and [redacted] the manager told me that theres no way she told me that price so I called rachel herself and she said yes thats what she did quote me and that I would get a refund I guess she called her manager cause she called and informed me that they still wont give me the price I was told when signing the lease and I asked to cancel I was told I couldnt canvle without paying 350 to cancle the lease with the machine and that wasnt including the fee to cancle with them I told her I wasnt given what I was told and she said she was sorry that is was a math error on rachels part and that all they could do is lower my bill to 75 a month or I would have to pay all fees. this would have been on the 2nd still in the month you are alowed to cancle. So over the weekend I heard by law they have to let you out of contract with in the first month so I called on the 7th the last day to cancle and it was sunday no answer I called today on the 8th and they said a contact is a contract no getting out of it even with in the first month period. I think this is unfair and if you get something it should be what you was told you was getting. if they messed up and couldnt grant it then I should be let out of the contract on terms they messed up and quoted something they couldnt uphold. So now im stuck paying who knows how much 350 from northern leasing and a couple more hundred from merchant service.Desired Settlement: this is a small business I make enough to fight them on this and I dont make enough to pay the canclation fees they want from me. they new I was a small business and came in saying how every penny counts for small businesses they new I dont have the money to fight this is a fraud and I hope that no one else has to go threw what they have done to me

Business

Response:

This matter has been resolved with the merchant directly. We attempted to keep her as an active customer by resolving her issues with savings that were quoted to her originally; however, she already decided to move on to a new company and chose to cancel her account. The agent on the account was sad to see her go and in an effort to end the relationship on a positive note, the agent waived her $350 ETF in full. The merchant has already submitted her cancellation form and it will be processed today. It is unfortunate that this merchant decided to leave us; however, we wish her the best of luck in her future endeavors.

Thank you,

Senior Human Resources/Legal Administrator

###-###-#### Ext. 140 | Direct: ###-###-####

Consumer

Response:

[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]

I accept the offer if every fee is dropped like promised in our phone call including the fees from Northern Leasing that were 1100+. complaint ID 9495843,

Regards,

Business

Response:

Hi [redacted],

Please let this merchant know that indeed we are honoring what was discussed with [redacted] over the phone on 4/16. All charges for the lease and the merchant account are dropped.

Thank you,

Consumer

Response:

[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.]

I have reviewed the response made by the business in reference to complaint ID 9495843, and find that this resolution is satisfactory to me.

Regards,

very pushy. Like many others, it took me a while to realize that they were NOT from my current credit card processing company. They said "my account" had been flagged as low risk. That more or less says they are someone who has access to "my account." Very deceptive.

Review: I filed this complaint before and the company said they would return my money,but never did.They had a rep come in my store and sell me a contract stating the only fees would be at the time credit cards were used.In truth as I found out they charges other fees.Still waiting for my refund.All info was given in a prior Revdex.com complaint,as to costs etc..Desired Settlement: Refund of the money I gave them.

Business

Response:

Dear [redacted],

Please accept this as the formal response on behalf of

Sphyra to the complaint referenced above. I have reviewed your complaint, all

notes, emails, statements, etc and completed a full investigation.

I will address your complaint as to the specific points you

referenced. First, you stated that you previously filed a complaint with the

Revdex.com and were requesting refunds promised to you; however, I cannot find any

record of that. I show you have asked

for refunds multiple times and they have not been approved. However, we did

waive your annual fee and lower your monthly minimum from $25 per month to $10

per month in June 2013.

We communicated to you on several occasions that your

account could not be cancelled without a cancellation form. The form was sent

to you via email two times and snail mailed for a third time on 9/18/13. Unfortunately,

had you closed your account by returning the closure form, you would not have

been assessed the fees you are disputing.

Looks like you currently have a balance due in the amount of

$25. However, as a courtesy, since you

did not process on the account and there are allegations of misrepresentation,

we are waiving that $25 collections balance.

Also, to ensure this relationship is ended amicably, we are

refunding you for 3 months of your $5 statement fee, as well as 2 months of

your $10 monthly minimum fee. You were not charged these fees for August as

they were waived. We also waived the cancellation fee of $350. The remaining

fees on the account are non-refundable.

I hope this resolves your concerns and we can all move

forward from here.

Sincerely,

Legal Resolution Manager

Review: A young man by the name of [redacted] entered my flower shop the end of April 2013. He offered me a credit card service costing me only a percentage of the transactions. I ask him straight out "Is there any other charges?" He said no. What I thought was permission to process the service, turned out to be a one year contract. When I received the contract and call about all the indescresions the customer service supervisor, [redacted], tells me it will cost me $350 to terminate the contract.Desired Settlement: I would like the contract to be voided.

Business

Response:

This email is in response to the above referenced complaint.

Please accept this as the formal response on behalf of MSD. There has been some major miscommunication on this account. In April, we attempted to contact the merchant numerous times to welcome her to the company and ensure she was all set up and ready to go. She did not return our calls until 5/3/13 and even at that time she did not acknowledge that we have attempted to reach out to her. In May, she called in accusing one of our best agents of lying about the gateway fee of $15 per month. We investigated the account and determined that the fee was disclosed to her at the initial contract signing. Our Customer Relations department called this merchant another four times in the first couple weeks of May to follow up to no avail. Our agent called her several times in May to follow up with the merchant to no avail. On 5/22/13, Customer Relations finally got a hold of the merchant and she was angry that no one had returned her call. We certainly did follow up with her numerous times to ensure her concerns were validated and taken care of. Unfortunately, even though we are saving the merchant money on her processing needs, she claims to have been lied to and no longer wants to do business with MSD. If she truly does not want to save money on her processing needs, she is welcome to cancel. In fact, our agent was so concerned with this merchant being treated fairly that he even agreed to waive the ETF on the account if she wants to cancel. If the merchant does decide to cancel, she needs to complete the attached form and return it to Customer Relations via fax at: ###-###-####.

Thank you,

HR & Legal Administrator

Merchant Services Direct

(P) ###-###-####, Ext. 140

(F) ###-###-####

[redacted]Spokane Valley, WA 99212

Review: Signed contract for their services and got a list of charges correct with the contract I signed. Started getting billed for charges not on my contract and asked for another copy of the contract from them.

Found that they had written in amounts on the contract after the fact in their system. They changed a signed contract to suit their needs. After this came to light, I contacted them, sent copies of all the paper work I had and waited for a response for over 30 days. I contacted them later after I received a call from a collection department, and was once again told that the matter would go to upper management to be reviewed. Their response was to take off $19.45 off a bill of $142.45 which leaves a balance of $123.00. This I paid due to the fact that I am a small business starting out and do not need this on my credit report. Their business practice is unethical and Illegal.Desired Settlement: I would like a refund check in the amount of $123.00

Business

Response:

[redacted],

Review: About 18 months ago [redacted] stopped in our gallery. We had been processing our cards with Regions and we were unhappy and he told us we were being overcharge. He told us that we would be able to save money by switching to Merchant Services Direct. Our one concern at the time was that we were going to be hit with a cancellation fee from Regions and we wanted to switch, but he assured us there was no time requirement or cancelation fee. When we called to cancel and told them we were told there would be no cancellation penalty. I asked to speak to the representative who signed us up and was told he was no longer with the company and then I asked to speak to his boss. It seems the company they worked for was no longer doing business with Merchant Direct. We asked to have the fee waived and after a week and a half we finally got an answer of no. This is unacceptable. I wish I had check the Revdex.com before signing up with this horrible company. Not to mention that they held our money for 3 to 4 days after it was processed. We are now with a new company and I would tell any business that is considering using Merchant Direct, LLC to look elsewhere. They obviously do not have a good rating with the Revdex.com and we learned the hard way.Desired Settlement: We would like to have the cancellation fee of $250 waived as we were told by our representative who is no longer with the company was the policy. We feel we were misled in this business transaction.

Business

Response:

This merchant’s complaint was resolved, to her satisfaction outside of Revdex.com involvement. Thank you,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID 9640904, and find that this resolution is satisfactory to me.

Regards,

Review: I am filing this complaint as a owner/partner in [redacted], [redacted], [redacted]. The fees they charge, in my opinion, are unreasonable. I wrote letters and cancelled their services. I called and verifyed with the company that our contract was cancelled as of June 3, 2013. They agreed that the contract was cancelled as of June 3, 2013 but they have continued to charge fees to our checking account.Desired Settlement: I feel that our business should be refunded for the unnecessary charges that were charged to our account. We have returned the credit card machine back to the company. The only service they provided to us was to process one credit card payment.

Business

Response:

Dear [redacted],

I sincerely apologize for the delay on our Revdex.com complaint response. I have thoroughly reviewed this merchant’s file, statements, notes, and contacted the agent for their feedback and potential resolution to this complaint.

The agent that assisted this merchant with the initial set up for this account was [redacted]. He is one of our best agents and is currently the Assistant Manager in our Denver branch location. He prides himself in providing the best customer service experience possible and was disappointed to see that this

merchant had submitted a Revdex.com complaint vs resolving his concerns with the agent. Since we cannot change the past, we offer a solution that hopefully will resolve this merchant’s concerns.

The agent has offered to not only waive this merchant’s cancellation fee of $350, but he has also offered to refund this merchant $73.95 for the May fees they paid on this account. Since the charge for the cancellation fee bounced back, we need to have updated deposit information to send the refund to the

merchant. Please call our Customer Relations team at ###-###-#### to provide that updated information.

Please let me know if this response resolves this merchant’s concerns so that we can close this account without any further grievances.

The information in this message may be proprietary and/or confidential, and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify Sphyra immediately by replying to this message and deleting it from your computer.

Consumer

Response:

[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.]

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,

P.S. Any refund may be sent to the business address: [redacted]

We do not need the $350.00 cancellation fee sent, as we already have that.