- Report: #799977
Report - Rebuttal - Arbitrate
Complaint Review: TSYS Merchant Solutions
TSYS Merchant Solutions1620 Dodge St. Omaha, Nebraska United States of America
TSYS Merchant Solutions Omaha, NE TSYS Misrepresenting Contract, Omitting Terms & Conditions & charging $250 early termination fee Omaha, Nebraska
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Im a hair dresser & I signed up so I could accept credit cards. Upon signing the contract, it was disclosed to me by the representative that there would be an early termination fee of $250 if I cancelled before my 3 year contract. I accepted these terms. During that 3 years I was completely unsatisfied with all there hidden fees but got through my full contract with the intent of canceling when it was up.
After I finished my 3year contract, I called to end service only to be told that I had missed the "window of opportunity" and that they automatically enrolled me in another year and would be charged $250 if I quit. I argued that I did not know about the automatic renewal term and it was not on my contract. They insist that there was a separate set of Terms and Conditions that I agreed to, that say my contract will be for 3 years and then renew annually for one year each time after that and that I will owe a $250 early termination fee if I cancel my contract without notifying them in writing 30 days before the contract renews. They also said that I signed acknowledging receipt of these "separate attached Terms and Conditions", by signing the contract. However, I did NOT receive the separate attachment. They argue that my signature states that I received it, however, later they said they mailed it to me (via Fed Ex) 7 days AFTER I signed the agreement. So how could I have received it upon signing if they mailed it to me 7 days later?
I STILL have my welcome package (sent via Fed EX) that they say included the Terms and Conditions but it does NOT contain any "Terms and Conditions". I do have my original contract and it states that I agree to the conditions "contained herein" and I did agree to all the conditions I had at the time contained within the contract. I was completely unaware of any renewal term as it was NOT disclosed at the time of my enrollment, nor described on the original contract, nor did I receive any documentation that explained these terms in any subsequent mailing.
I tried to resolve the matter with their customer service department and they would not help me. I wrote to the Office of the President only to receive a form denial letter. I appealed their denial, based on the misrepresentation of the contract and omission of Terms & Conditions. I received the same duplicate form letter in return. Then I wrote the Director of Customer Relations and they too said the same thing and will do nothing to help.
As it turns out, I have googled them and found that there are multiple other people with the same complaint. This company should not be allowed to continue doing business this way. It's robbery. TSYS omits the fine print, gets you into contract, then later says you signed it! I relied on their representative to disclose the terms of the contract honestly. They didnt. I signed what I believed to be a 3 year term and I fulfilled that term. Now I am being charged $250 anyway. They need to be stopped.
This report was posted on Ripoff Report on 11/19/2011 09:07 PM and is a permanent record located here: http://www.ripoffreport.com/r/TSYS-Merchant-Solutions/Omaha-Nebraska-68197/TSYS-Merchant-Solutions-Omaha-NE-TSYS-Misrepresenting-Contract-Omitting-Terms-Conditi-799977. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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