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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3431
Experience:  consumer protection, fraud - 13+ years of experience
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I changed to Central Payment for my cerdit card processing.

Resolved Question:

I changed to Central Payment for my cerdit card processing. in Oct.,2010.The rep told me my machine was illegal because it printed the customers complete credit card number. The rep told me I would get a free credit card machine(mine was old)and that the paper would be free also. They hit my account for extra fees. I asked what the charges were for and they said shipping on the machine. The rep had said nothing about those fees. I called for the free paper, they hit my account again. In Dec. we swiped a card for customer, charged her $300.00 instead of $30.00. We called the service # XXXXX the machine and they helped us credit the customer's card $270.00.
The 9th of Jan. when I got my bank statement it showed where Central Payment had refunded my customer the $270.00 plus each time I swiped a customer's card they had debitted my account until they took out another $270.00. my customer called me & asked if I was short in by bank account. I said yes. She said she was $270.00 over. they had refunded her twice. Good thing I had an honest customer. After that I cancelled my service to Central Payment. I went back to my old processor. I found out that they could reprogram my "old machine" to not print the whole credit card number.
My problem now is that Central Payment says I owe them $550.00 for canceling my contract with them. I say they breached the contract when they messed up my account. They turned me over to a collections agency and they say I owe $1100.00.
Can you help me with this?
I have heard or read that all credit card processors can charge for cancelation fees in Arkansas is $50.00. Do you know if this is true?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

Arkansas Act 911 applies only to nonbank providers of merchant services. The new law caps at $50, or one month's minimum charge, as the fees that can be assessed an Arkansas merchant for early termination of a contract with a nonbank processing company.

 

If they failed to disclose hidden fees, you may be able to sue them in small claims court for fraud in the inducement. In other words, they told you what you wanted to hear to get you to sign the contract. However, if the fees are disclosed in the contract, but they are unreasonable in amount, then you can sue them for a declaratory judgment so that the court can reduce them to a lower amount that is reasonable with industry standards.

 

You need to dispute the bill in writing with the debt collectors and tell them that they owe you at least $270 in damages and the shipping fees that were not disclosed. Also, ask the for an accounting as to how and where they came up with the $1100.

 

If they are a non bank processing company, then inform them of Act 911.

 

 

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Maverick, Lawyer
Satisfied Customers: 3431
Experience: consumer protection, fraud - 13+ years of experience
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