Zarlenga & Seltzer, Inc

[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:All the facts have been laid out.. We did not get a form regardless of their fax confirmation. They have no idea or way to prove the document ever even printed off the fax.  We did not get the form, if we did, we would have addressed it. It really is that simple. Had UMPA felt they needed to charge me an additional $195.00 for not filling out this form, they should have made a courtesy call. I offered to have the form filled out when I called and was made aware of it, they refused
Regards,
[redacted]

[redacted] maintains an A rating
with the Revdex.com (Revdex.com). 
To maintain that status, we must ensure everything with our Merchant
Agreement is properly disclosed, including all fees and cancellation
requirements.
 
[redacted]’s claim...

that she did not request services is
false.  On September 15, 2015, she signed
a Merchant Agreement for credit card services through UMPA.   Not only did she sign the Merchant
Agreement, she also supplied a voided check to deposit and debit fees. 
 
Her enrollment package was shipped to her and delivery was
accepted.   On September 17th,
our Risk Manager spoke directly to her regarding a fraud alert on her credit
report.  She was able to verify all
necessary information.  [redacted] did not
question or dispute services.
 
Our technical support department left three messages for [redacted] to call in to our office to train her on how to use her credit card
acceptance program.  She did return their
call on October 2nd and went through all training necessary.  [redacted] did not question or dispute
services.
 
Today, February 23rd, the accounting department
contacted [redacted] that her fees for the program were returned to UMPA due to
NSF.  [redacted] claimed that she was
advised that she would not incur any fees unless she used the product. This is
not true.  All fees are outlined in the
properly disclosed Merchant Agreement. 
[redacted] never made statement that she did not request services. 
 
[redacted] called back to get information on how to close her
account and became very rude to our Customer Service representative, using bad
language and raising her voice.  The CSR
tried to advise [redacted] that all cancellation must be in writing with
signature, which is properly disclosed within the Merchant Agreement.
 
UMPA has received a cancellation from [redacted] and will
close the account as per the Merchant Agreement, which does outline all
cancellation fees associated with her account. 
[redacted] is not due any refund.

I’m sorry that [redacted] is unhappy with our cancellation policy,...

especially since it was properly disclosed in the signed merchant agreement. [redacted]’s agreement was signed May 24, 2012 and auto renewed in 2013 and again in 2014.  The merchant agreement was due to renew again in 2015.    [redacted] contacted our customer service center a few times during the term of his contract for support.  He never questioned the terms of his merchant agreement during any of those calls.
[redacted] decided to terminate early and was subject to termination fees.  These fees are outlined and explained in their contract and are not eligible to be waived.  Cancellation and termination fees are standard with merchant processing accounts, no matter what company you choose to utilize. 
Not only does [redacted] offer completive discount rates, but our cancellation fees are the lowest in the industry.   All costs, terms & conditions were outlined to [redacted] within his merchant agreement.  At no time did [redacted] perform any “bait and switch” tactics. 
I apologize for the inconvenience our cancellation policy has caused. Thank you for your understanding.

[redacted] has no account in [redacted]. [redacted]'s name.  [redacted] is not an account holder with [redacted].  Even if [redacted] is an employee or an officer of a business, they are not the account owner on this line of credit.  It is not that we do not want to assist a customer, it is that [redacted] can not release any information to [redacted]. [redacted].

We are sorry that **. [redacted] is still unhappy.  **. [redacted] agreed to and signed the terms and conditions of his contract.  United Merchant Processing Association stands by their cancellation policy & timeline.   All agreements, fees and charges are reviewed and approved by a legal team, [redacted], [redacted] and [redacted]. UMPA has not violated the merchant agreement and did not impose any additional or erroneous fees.  Our original response explains the termination fees, which were subject to this merchant account. 
The cancellation forms were faxed to **. [redacted] and the transmission report confirms delivery.  Attached is the delivery confirmation.  The fax number was verified with **. [redacted] as his and fully functional.

I’m sorry that [redacted] is unhappy with their card acceptance program, which is application based. This program is designed for retail merchants that take payment via smart phone or tablet.
Application based smart...

phone/table software does not have the ability to store card holder information to recall the card number for a future charge. Each transaction must be either swiped or keyed-in upon charging.
[redacted] said she made our sales representative aware they needed the ability to re-charge cards for repeat customers. [redacted] has been contacted and, for good will, the cancellation fee of $295.00 has been refunded.

[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:I understand technology changes but this system was faulty from the begining and all the "technical support" offered by [redacted] has never fixed the recurring problems with their POS system.  I will not continue to payfor a system that cost me thousands to lease and thousands in lost business.  I have contacted the manufacturerand was told because they didn't sell me the equipment it would cost around $100 an hour for them to try anddiagnose the problem.  As many problems as we have had with this equipment I could in no way afford to pay$100 an hour every time it malfunctions.  I am requesting that [redacted] come get there faulty equipment that didperform the functions they said it would upon the signing of the lease.
Regards,
[redacted]

[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: A portion of their statement is correct and I appreciate them pointing that out. I was in the process of restructuring my company and explained to Curt Schilling my representative of UMPA that I was about ready to set up the portal in October. I had just gotten rid of the final employee I needed to before I could set up anything new I explained this to Curt in detail we spoke and everything was good I was going to set up the portal the following week. The next week I hadn't an attempted fraudulent charge by UMPA for a "cancellation fee" I was never notified it had been canceled or I would be charged any fees. I am already under contract and had not even sent them a cancellation letter much less one to UMPA. I was not in breach of anything I had been communicating withy representative and he said everything is fine "YOU CAN SWITCH TO OUR NEW SYSTEM WHEN YOU ARE COMFORTABLE AND READY TO DO SO" his words. I did not have much communication with the actual office that canceled my agreement and that apparently is the problem. So maybe they should realize that they have account representatives and not focus on simply having a piece of paper and then just taking money be the piece of paper says so. Not to mention a two year agreement or cancellation fees were never disclosed to me by anyone. I didn't switch to another company. I didn't do anything wrong and to charge me for nothing simply because they didn't hear from me is insane. Maybe their representative in their own company should have talked to them and said I was still ready to implement their problem. I received another letter from them today adding on more fees bc I have refused to pay this ridiculous cancellation fee. This is the worst company I have ever dealt with in my life. All they have to do is work with me and they refuse they just want money for nothing and that is stealing and it is wrong, period. They have not provided me w one service but yet still on 11/9/15charged me another monthly fee! How can you charge me another monthly fee if the contract is canceled! This is insane and something has to be done to correct this. I attached pics showing they are tacking on more and also still charging me a monthly fee for having an account. I will take any means necessary to resolve this. I have said I'm willing to set up the portal I have said it over and over I am willing to compromise and apparently they are not.
Regards,
[redacted]

United Merchant Processing Association has no record or account in the name of [redacted]  A merchant account is a line of credit and confidential.  Only the personal guarantor is entitled to information regarding the account and able to make any changes to bank account information,...

in writing, which is disclosed in their signed agreement.  A corporate resolution is not valid for this merchant account, for it is a personal guarantee.We will be more than happy to assist this merchant with any changes they wish to make but we may only speak with the personal guarantor as listed as owner to the account.

[redacted]
 [redacted]
I am rejecting this response because: What this lady said was not true at all The bank CONFIRMED THAT I WAS RIGHT and that they took the money and then turned around and credited my account! They are trying to pull a scam and I didn't fall for it. I was never paid twice. That's a lie. If they had then my account would have had the 2450 plus the 500 that was already in my account These people are crooks are they are incompetent.. I think they are crooks 
Regards,
Paul Akins

UMPA stands behind the stringent
underwriting guidelines that each and every Merchant Agreement is placed
through before a business receives approval for a merchant processing
account.  Not only are the Agreements
reviewed internally, but they are also placed through a second underwriting
process to ensure authenticity by a team appointed directly by a financial legal
team and approved by [redacted], [redacted] and [redacted]. 
[redacted] took possession of
the equipment on November 26, 2014.  If [redacted] did not sign an Agreement with UMPA, then why did he accept the
equipment, allow test transactions to batch through the equipment and
communicate with the staff at UMPA regarding his lease and inform us that he
was now going to sell his business? 
It wasn’t until he decided he
wanted to cancel his account and realized he was subject to early termination
fees that he claimed the signatures were not his.  [redacted]’s account is closed and the termination
fees were drafted.

[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:Regards,[redacted] I like first to say from the second day I told the company I didn't want to lease or purchase there machine.  They did not try to contact me several times, which I am at my business six days a week and answer all calls.  When first asking for the fax I was faxed seven pages.  I keep telling them that I never signed a contract, and I am willing to go to court to prove it.  After reviewing there response that they submitted to the B.B.B, and when I looked at the attachment I was totally surprised and shocked.  There are nine pages that were extra that was not in my first fax to me.  I wish you would check out the signatures that are totally different from my drivers license and first document of the first bank statement that I sign so they could get my bank information.  Please review the signatures throughout these pages and give me your thoughts, and you will also agree that I did not sign this contract.

Tell us why here...I reached out to Paul at [redacted] to advise him that one of his customers was disputing a credit card charge and he was going to receive a debit in the amount of $2420.50.  At this time he told me the money would clear and I told Paul I would need his...

documentation to send back to Credit Card Holder so they would reverse the chargeback.  On 9/7/17 I sent the information to the Credit Card Company and they reversed the chargeback and put the money into his account.9/15/17, Received a notice from Charter Electrics bank that the account had insufficient funds.9/18/17 rekeyed the debit for the original insufficient fund amount9/18/17 A message was left for him and we sent him an email that he owes us the money and he called me and he said we debit his account and got the money, we called his bank and talked to Cody (a female) and she confirmed that we never got paid and it was due to nsf. He argued that we took the money. He said he had 500 dollars in his account and we took the money and put it back the next day. No matter what I said this never was shown to come to light. he never understood. He kept emailing me and calling me cussing and I got to the point where I told him we do not have his money we never got paid and I do not know how else to explain this to him. I attempted to talk to Paul and explain that if you have $500 in your bank account you can’t take $2420.50 from that.  The money he saw going into his account the next day was actually because I submitted his documentation and the chargeback was reversed.  I explained that he was paid originally for $2420.50 on 8/7/17 when he ran the charged we attempted to debit him and that did not go through and then we paid him again on 9/7/17 so he has our money.  He was actually paid twice and we are out the money.  His bank representative confirmed this in a 3 way call but he refused to listen.After this he repeatedly called me and was cursing and calling me names  when I only attempted to help him.9/26/17 the rekey also bounced.  Sent him a letter from our attorney that the monies are due.

[redacted] stands by their cancellation policy.  All termination guidelines & fees are
properly disclosed within the merchant agreement which [redacted] signed. 
 
Numerous calls were made to [redacted], wanting to install his program. 
He never returned our calls. 
Every message that was left included our toll free number to contact the
office directly.  It wasn’t until the
cancellation fees were imposed that he called. 
 
UMPA
did not steal any money from [redacted]. 
Our original response explains the termination fees which were subject
to this merchant account.  [redacted]s has placed a stop-payment at his bank for the
cancellation fee.  No money has been
drafted from [redacted]’ bank account. 
 
[redacted]s expresses that he would
like to install his program.  We are more
than willing to work with him. Please
contact our Customer Care Department at ###-###-####.  I’m confident we can get this resolved.

Review: When I was pitched initially for their service, I was not made fully aware that the contract automatically renews unless I contact them in writing 30 days prior to canceling or else I'll be charged $400. The presentation was all about the positive savings. Well now all my savings went to [redacted]'s pockets and are basically held hostage. The sales persons response "well if you come back, well refund the cancelation charge." I don't want to go back to bait and switch company. Half the time the rates being charged are not even the rates I was promised. Please, help.Desired Settlement: Refund of 373.11 cancelation charge and a promise never call my business again.

Business

Response:

Review: We used this company to process our credit cards for about 8 years. We terminated our contract in January and went with them and went to another provider. Almost two months after we left they charged us a $195.00 cancellation fee for leaving their company. They supposedly faxed a cancellation form a few weeks after we cancelled stating it needed to filled out and returned within 10 days or they would charge us this $195.00 We never received this form or we would have filled it out. They never called requesting this form. When I called to request they refund this "punishment" fee, they told me if I came back to their company they would reverse the fee. This is in very poor taste, we made this company lots of money for the years we were with them and they took advantage and basically stole $195.00 from my account because we did not close their access to my bank account within a few days of cancelling my service. I feel this is VERY underhanded and VERY dishonest. I would like to warn anyone from using this company in the future as this is how they conduct business.Desired Settlement: I would like my account credited the money they took out of it for this bogus cancellation fee.

Business

Response:

**. [redacted] entered into a Merchant Agreement on December 29, 2006. The attached Agreement is properly disclosed that it will automatically renew, annually. If a cancellation is received prior to the end of their Agreement, the account will be subject to cancellation fees. This merchant account renewed on December 29, 2013 and will remain in effect until December 29, 2014. Cancellation was received on January 21, 2013, eleven months early.

To avoid cancellation fees, the merchant would need to supply a cancellation letter 90 days prior to renewal and complete a cancelation for 0-100. Even though **. [redacted] was outside of his fee-free cancellation rights, we faxed this form to **. [redacted] in good faith. The fax transmission report confirms it was a successful transmission. **. [redacted] contacted UMPA, stating that he was not completed the cancellation 0-100 form even though he agreed to it in the Merchant Agreement.

UMPA followed the signed, properly disclosed Merchant Agreement by collecting a cancellation fee from **. [redacted]. UMPA did not impose a “punishment” fee and UMPA is by no means “underhanded” or “dishonest”. UMPA upheld our Agreement with **. [redacted] and met all terms and conditions. **. [redacted]’s account is not eligible for a cancellation fee refund

Consumer

Response:

This "form" was NEVER received. Had it been received we would have filled it out. UMPA never contacted about filling out this form and hit us with this charge some two months later. When we called to ask about it, they told me they would waive this fee if I came back. I view this fee as extortion. If it were more money I would take this to court and would win. Automatically renewing contracts rarely hold up in court. As I said to UMPA, I would NEVER return to them, even if there rates were lower as I feel what they did was deceptive, dishonest and extortion in a feeble attempt to retain my business. Very sad. The sole purpose of my compliant is to warn others of their "business practices" and how they take advantage of their unknowing customers. Thank You

Review: On or about June 25, 2014 Troy W[redacted] a Sales Rep with [redacted] came to our office to sell us discounted credit card processing service for credit card charges. we informed him that the nature of our business was taxi and other transportation and accounting services. We further informed him that we needed a computer based processing system and an application based system for I phone as we do not have cards in our possession to swipe. It had taken them until July 22, 2014 to activate this service. Upon initial activation a wrong merchant number was assigned so it took several telephone calls to straighten this problem out. Once the service was finally activated it was apparent that there software could not accommodate our business as it had no capability for charging repeal sales unless you had the credit card and processed the entire transaction all over again. fOR SECURITY PURPOSES we do not keep written records of customers credit card numbers. We advised Melissa a supervisor with this company of the problem and she contacted [redacted] their processor to see if there was a solution for this issue. She contacted our office and advised us that there was no solution at the present time but possibly in several months there would be. We advised her that the sales rep was told what our requirements were and the were not able to dEliver what was pro missed to our organization. Therefore we canceled our service after 2 days.

As a result our bank account for [redacted] was charged a cancellation for of $295 AND OUR OTHER COMPANY [redacted] was also charged a fee of $295.00Desired Settlement: We expect the funds to be returned to our bank account

Business

Response:

I’m sorry that [redacted] is unhappy with their card acceptance program, which is application based. This program is designed for retail merchants that take payment via smart phone or tablet.

Application based smart phone/table software does not have the ability to store card holder information to recall the card number for a future charge. Each transaction must be either swiped or keyed-in upon charging.

[redacted] said she made our sales representative aware they needed the ability to re-charge cards for repeat customers. [redacted] has been contacted and, for good will, the cancellation fee of $295.00 has been refunded.

Review: I ,[redacted] owner of [redacted] was using UMPA to process credit cards for my auto repair business. I have an on site auto repair service which has special needs to process credit cards on location outside of my repair shops fixed location. UMPA had a dial pay service that fit. Initially [redacted]. the sales rep from UMPA had us enrolled and since Nov 14,2011 we have used their services. I was told verbally that I had a 2 year agreement. Upon getting my 2013 taxes done and reviewing my P&L statement I realized I was paying a very high rate to process my cards which were minimal. I decided to find a company that would provide me with a service that would cut my overhead expenses for processing while allowing me to process mobile at the same rate. I found a company which I was satisfied with the terms and fees. I called UMPA and spoke with a [redacted] about my cancellation; she inquired why I was cancelling and I explained my reasoning. She cautioned me as to "other companies" having untold charges, and hidden fees in small print as well as sales people lying to get customers to switch. She went on to extol the virtues of UMPA being a local business as well of their great treatment of customers and their integrity.

I then contacted the company I was considering and read the agreement and was satisfied to switch. So I mailed my cancellation to UMPA certified mail and within a few days they charged my business checking account for a cancellation fee, along with a fee for lost revenue (their justification) of $348.46. I did not receive services they charged me for now or will ever from the additional fees which I feel is theft. When I realized the charge to my account I called UMPA on 3/12/2014 to question the charges. I spoke with [redacted] again and she was very combative and then told me "you signed the contract agreeing to the cancellation fee and you cancelled." As I looked again there was a small print clause about the renewal. While I was under the impression I was free after the two years I never got any notice about a renewal and felt at the least I should have because of the way the contract was written. I had asked to speak with a supervisor to explain my cause and was able to speak with a lady [redacted]. I explained how as a small business I did not feel it right to charge me this $348.46. I explained I barely am above the poverty line financially as it is and as a small two man shop (which UMPA is not) yet after making a plea due the hardship it will cause me personally I respectfully requested to have the fees credited. She told me she would check into having it credited back with her supervisor. This was done on 3/13/2014. I did not speak with her during that days business.

I spoke with her the following day 3/14/2014 via phone conversation and she told me the fee would stand as it is. I then called my [redacted] and spoke with my [redacted] manager [redacted] at [redacted] about getting this fee removed. He checked with the ACH department at [redacted] and they told him a customer only has 24 hours to have a charge removed until proper investigation can be made. So UMPA being a banking institution knowing of the hardship the fee would cause my small business, my personal family and not to mention the lost time to make an attempt to resolve the matter was unwilling to serve the customer but rather to oppress. They also know of the ACH guidelines and intentionally postponed a "decision" until the 24 hour window was closed robbing me of my rights to properly dispute the charge while leaving working capital in my possession. I believe they unethically acted by taking advantage of access to my banking account in removing the &348.46 from my account. They make proclamation as to their integrity as a small local business and discredited that by their own selfish works. They chose to stand behind their own "small print" clauses rather than to work with a faithful business partner which they were paid handsomely for the services they did provide. This is yet another example of larger businesses trampling on the backs of hard working people as far as I am concerned with no regard for the well being of another business no matter how big or small.

I will not accept this and if not properly resolved to my satisfaction I could never endorse their company or ever in the future recommend their services.Desired Settlement: I am requesting a complete refund of the cancellation fee as well as the unjust fee for "lost revenue" charges in the sum of $348.46

Business

Response:

Review: I left [redacted] after my contract was up. It was over Feb of 2013. I sent a letter of cancellation to them. I put a stop payment at my bank so that they could no longer charge my bank account. I returned the processing equipment to them. I thought everything was fine until I get a credit report and they are saying that I didn't pay them $580.00 ,and that it was a bad debt. I called the company this morning about this and was told that they had assessed these fees for the following reasons:$195.00 fee because I hadn't filled out form 0100 correctly...$250.00 for Diconversion of their equipment and $135.00 because they had tried to collect electronically several times and my bank had refused. They never made any attempt to contact me at all that there were these charges being assessed. All this was unknown to me until it appears on my Credit report. They made no effort to call me, send a letter, send a bill...nothing from [redacted] until this. This is a very unethical way of doing business!!! I got nowhere trying to discuss this with [redacted] and [redacted] at [redacted]. I feel that I did everything that I was supposed to do on my end of the contract. I stayed with them for longer than the time specified on the contract. I am very upset that this is how they have handled this matter. I thought that you should be aware of their unethical practices and warn others. This is no way to conduct business!!!!!Desired Settlement: Take these fees off of my credit report.

Business

Response:

I’m sorry that [redacted] is unhappy with our cancellation and credit policy, especially since it was properly disclosed in the signed merchant agreement.

Review: In the summer of 2013 thru December 2013 the company failed to provide adequate coverage to process credit cards remotely . When contacted the company's response was that there "was nothing they could do ." Yet they continued to bill for a service that they were not providing . The only solution they offered was to " buy a new machine ", which I couldn't afford at the time . In October of 2013 ( with the matter remaining unresolved ) I gave 90 days verbal notice that I would be seeking another provider . After giving written notice to cancel my account in January of 2014 the company continued to electronically take money from my account . Upon subsequent calls , their rude and arrogant response was that it was " in the contract ." Even after I pointed out that I had never signed a contract . My own paperwork for our agreement on August 23 2006 was for 2 years .Desired Settlement: Return of funds taken after January 31 2014 .

Business

Response:

I’m sorry that **. [redacted] is unhappy with our cancellation policy. All terms and conditions are properly disclosed within the merchant agreement.