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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 17190
Experience:  B.A.; M.B.A.; J.D.
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I need help on business disputes with business owner and

Customer Question

I need help on business disputes with business owner and merchant account provider.I own small convenience store in Texas and recently had a dispute with new merchant account provider. One sales associate approached me with the offer that we can save money by switching merchant account with their company. I asked them for trial period and they gave me 60 days trial period. I had found that I am not saving money by switching account so I asked them to cancel the account. They were ready to reduce the fees but still we are not saving the money so decided to cancel the account. but i overlooked one contract of POS ( contract of cash register which was not cancellable and we had to pay full price on POS which is around $4800) . I am feeling that I am stuck with this contract even though I cancel mechant account with them. The manager of the customer service told me on the phone that their sales rep associate did mistake offering the plan for me and apologized for the mistake but didnt agree to cancel the contract for terminal . He said the the terminal contract offered by third party company and they dont have control on the contract. I know that something is fishy somewhere in all contracts but couldn't figure out myself. I am looking for resolution that I should be able to cancel the account without paying any penalty fees.
Submitted: 5 months ago.
Category: Business Law
Expert:  Phillips Esq. replied 5 months ago.

If you signed a contract which also included contract for POS, the merchant account provider should be able to cancel that POS contract also since the provider sold you both contracts. It is deceptive of the provider to say sorry, we made a mistake but you are now stuck with the equipment. Unfortunately, if the provider refuses to cooperate, you may have to file complaint with the Better Business Bureau and also file a Small Claim against the provider for the cost of the POS.

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Thank you for your cooperation.

Customer: replied 5 months ago.
i am willing to pay extra money if you can go thro' my contract and see if I have valid fight against the provider.
Expert:  Phillips Esq. replied 5 months ago.

How many pages is the contract?

Customer: replied 5 months ago.
16 pages. but terms and conditions are in about 4-5 pages
Expert:  Phillips Esq. replied 5 months ago.

I have sent an offer to you.

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