Global Processing Systems review: Merchant services nightmare 6

Listed below is a partial recap of my business dealings with Global Processing Service since the day I regrettably agreed to use their credit card processing services. Their business practices are unprofessional at best, and having learned more about them through many, many channels since the end of our contract in November, I now understand these are their standard business practices. Sad...

1) From the early days of our agreement, GPS started adding hidden and unwarranted fees to the account;

2) I wanted to end our agreement early on a number of occasions but figured I’d stick it out until the end of the term period because I did not want to be charged $350 or whatever for ending the contract early.

3) They charged me $75.00 for credit card protection that I stated I did not want. As per their practice, they ignored my wishes and they proceeded to charge me that fee annually,

4) Another time, I called seeking a refund for a $19.95 charge relating to a PCI validation or some kind of questionnaire I did not fill out. I spoke with a female on the phone who tried to help me but could not, and she said she would call me back. Again, she did not. I ended up completing the form online, but to this day do not understand why I was charged and never heard back from anyone there to assist me on this matter.

5) When I began to call them to instruct them I had no intention of retaining their service at the end of the three-year term, I had difficulty getting anyone to answer at their primary number so I left messages. They did not return any of the calls. When I did speak to someone, I was told I needed to talk to someone else and that person would call me. Again, they did not make those promised calls.

6) Their reaction to me stating I would not be entering a new term agreement with them or use their services ever again was to offer me new equipment “at no cost” so I would not leave them. This action and the statements of the salesperson they sent to my store, alone, prove they were on notice and had received my intention to end our business relationship at the end of the agreement.

7) When I told them I was not interested in the new equipment and that I still would not be renewing with them, a representative nonetheless came to my shop to try to give me the new equipment and take my existing equipment. I owned and still own that existing equipment; it was not theirs to take. I again declined their new equipment and stated I would not be renewing our service agreement at the end of the term.

8) After many attempts last year to communicate my intentions to sever our business relationship (see #5 above), I proceeded to sign with a new and more reputable service provider, set to begin service at the expiration of my three-year contract with GPS. I called GPS again in November and was told by Alex that it was then “too late to cancel” and he offered instead to give me a better monthly rate if I stayed ($9.99 per month instead of the minimum $19.99 I had been charged). This is the point at which he showed up at the shop with the new equipment. He asked me to sign for the new equipment and to sign a new contract with them. I declined again. He had a letter that he said I needed to sign to send to my new service provider to cancel their services. I asked him to leave the letter with me but he took it back, put it away, and left the shop with it and the unwanted equipment.

9) Following that visit, I called GPS to find out what game they were playing and I was told I would have to pay them $2500 or $3000 to “cancel” with them. Cancel?!

10. GPS then continued to charge me as if I were using their services, even though I didn’t run any charges through their line and in fact had disconnected from them and was using my new, professional, and above-board service provider.

11. In addition to the monthly charges and fees, GPS then tried to take $499 out of my bank account. I called Alex at GPS to inquire about it and he said with a negative tone and bad attitude that it was the first charge for my “cancellation.” Again, cancellation?!

12. I contacted my bank to report the unauthorized attempt to seize money from my account and the bank refunded the money as an unauthorized charge.

13. Next I received a series of phone calls on my personal cell phone and on my place-of-business phone from a guy who said he worked for a collection agency. When I asked him who, he said he didn’t have to tell me. When I asked him to forward a detailed listing of the charges and fees GPS was alleging I owed, he said he did not have to do it and that “you know what you owe and what it’s for.” I then instructed him that I did not want to be called at my place of business and that he was to contact me by mail only. He said I couldn’t make such a request and that he was going to continue to call me wherever and whenever he wanted. My boyfriend found this blatant disregard for the law quite interesting, to say the least! We did some research on all the phone numbers from which he kept calling and determined they were assigned to Burt and Associates.

14. During the call, the questionable guy on the other end of the line said I owed $5000 but that he would take $4400 if I paid immediately. I again asked for documentation of the alleged debt and correspondence with company letterhead or e-signature and he again responded that he did not have to do so. He called and either hung up or left messages repeatedly over the next two days. I had to shut off my business phone, even knowing I would miss calls for appointments, because it was a constant interruption as I tried to work with the clients in my shop. This loss of income was not appreciated and was duly noted.

15. I was able to save a couple of his messages which we will add to our file in this matter.

16. The next amount claimed was in a letter from First Data Merchant Services, which claimed I owed $611.

17. A couple of days later, I received a phone call from Mike Adams, who at least had the professionalism and grasp of requirements of the law to identify himself as being with Burt and Associates. He had yet another amount that I allegedly owed, this time checking in at $4, 486.92. He has communicated by e-mail but also continues to contact me via phone calls as well, although I have clearly stated that our communications need to be via mail (e-mail also acceptable).

18. Based on all of these factors, the fact that GPS was clearly on notice of my intentions, made it clear through their actions that they had no intention of allowing me to end our arrangement after the three-year term expired, the repeated attempts to extort any amount possible as demonstrated by the radically different amounts claimed and even an attempt to raid my bank account, I am not interested in inflated claims from GPS, First Data, or their assigns. Furthermore, given the underlying fact that a) despite the notice they clearly had no intention of letting me walk to another vendor without trying to get some amount, any amount, out of me first; b) that they provided countless grounds during the three years of our agreement for me to legally void their contract based on unstated and unwarranted charges and lack of service and responsiveness to my inquiries for explanation and support; and c) beyond the grounds they provided for voiding any contract that previously existed, there is an underlying enforceability question of law under the UCC and California law including 17200 and 17500 regarding the boilerplate rollover agreement/automatic renewal for full-term as illusory and unconscionable.

19. I have used other service providers, past and present, and never have had overcharges, hidden fees, or unconscionable contract terms (such as questionnaire fees, full-term auto-renewal, full-term early termination penalty fees) as with GPS. By the way, those terms will not stand up to a court challenge, which once ruled unconscionable will invalidate every single contract GPS has containing that boilerplate. In a class action suit, such a holding would also subject GPS to reimbursements and possible damage awards to countless parties.

20. Nor have I ever had calls ignored, service and sales people trying to con me into equipment I don’t want or need, or repeated clear and intentional misinformation, misdirection, or false and fraudulent information given to me as I did when I repeatedly contacted GPS to inform them I did not want any renewal or extension at the expiration of the three-year contract. My bill with my current provider has never exceeded $35 in a single month, and the provider I used in the past never billed me beyond $40 in a single month.

. Ergo and in summary, I have no intention of being held to a three-year sentence by this corporation.