Complaint Review: Electronic Payment Systems LLC

About two months ago I noticed a pair of back to back debits to my checking account for $35—one line in my statement contained the phrase “Bankcard Eps___DES:CCDISCOUNT” and a long ID number.  The second $35 debit line was “EPS__DES:ACH” with a long ID number.

I have to say here that running a video production company, alone; I am always swamped with my workload.  When I had seen the debit for $35 on previous statements, it looked very much like a debit from my bank.  And, I did not have the time to question or challenge such a small amount.  I thought it was probably a fee from my bank—and I always paid it.  I trusted my bank, since I’ve been with them since the beginning—15 years.

But, when I saw the back to back debits, I called my B.O.A. branch (Winter Park, FL.) and spoke to a gentleman, asking him to tell me what the charges were for.  He put me on hold and returned in about 10 minutes and told me that he didn’t know why I was charged.  It was near closing time, and he suggested that I call the number on the back of my Business credit card and ask them.  In the interest of time I will just say that after 2 days of talking on the phone to about 4 departments, and going in person to my branch and telling my story a couple of times, a bank officer finally tracked down the origin of the debits from my account—Electronic Payment Systems, LLC.  The officer pointed out that they had also been debiting $8.95 a month under the name: FMP WARRANTY.  And, she provided me with a number to contact EPS.

What unfolded when I called the number is unbelievable!

My call was answered by a woman named Jamie Jones, Customer Service Representative for Electronic Payment Systems, LLC.  I gave her my name and my company’s name, Monkey Fist Productions, Inc.  She kept me on hold while she looked up my account information.  Then, she told me that I had purchased a credit card terminal machine from them in 2008, and that I was under contract with them since then.  She also told me that EPS has been debiting my account ($35 per month) since 2008, and she said that I had just been automatically renewed for another year (which was another $99 debit).

The FACTS:

I did purchase a machine in 2008.  My neighbor, Janet Bronte, (who was also an agent for EPS), was helping me with an event my company was having.  We had just finished a pilot for a comedy starring two retired pro wrestlers from the WWE.  We were screening the pilot at a premier event, and I wanted to sell souvenir T-shirts.  Monkey Fist Productions is a video production company and in 16 years we have been asked to take a credit card maybe 3 or 4 times.  So, I asked Janet if I could get a machine just to use at this event.  She checked with EPS, and told me that, “Yes, I could purchase a machine and only be charged when I use it—there would be no minimum use requirement.”  She had me fill out an Application for a Processing Account, online.  I did so, and as part of the application I had to give my bank account number so that processed credit cards could be deposited directly into my account.  I also had to digitally sign the application. I don’t think I ever completed the application (I had trouble with the digital signature(.  But, I received the machine.  It didn’t work properly the night I needed it, so (since I had bought it outright), I put in back in its box and put it in a closet—and didn’t think about it again.

I told Ms. Jones (during that first call to EPS) that I would never sign a contract obligating me to pay monthly for a machine/service that I might use once every year or two.  I also demanded that EPS stop debiting my account immediately!  Jamie Jones responded that if I wanted to terminate the contract that I had to submit a “Letter of Cancellation”, which they would review for 90 days before terminating the contract. 

I asked her incredulously if she was telling me that they would debit my account for 3 more months, even though I explained to her that I had no use for their service or machine.  She said that because she could see on my account that I had not had a single transaction though them for 5 years that she would talk to her supervisor about waiving the 90 day requirement.

I said, “Jamie, do you hear yourself?  I’ve not had one transaction in 5 years!  Didn’t EPS think that might be a little strange?”.  I told her that I wanted all of my money back unless they could produce a contract bearing my signature and with me agreeing to pay $35 per month and $99 per year.  She said that she would email a copy of the contract as an attachment.

When I received the email, I opened the .pdf document attached and read it carefully the next day.  Then I called Janet Bronte to discuss the matter with her.  Janet assured me that I owned the machine and that I was under no obligation to pay a monthly fee.  She also told me that if EPS had been debiting my account, her experience told her that I should have received a monthly statement outlining the debit and what It was for.  I took a few days to consider what to do.  Then, I called EPS again and spoke with an unidentified representative.  I told her that I had reviewed the so-called “contract” that Jamie had sent me, and that it was not a contract at all.  It was an application for a contract or account (which EPS terms a “Processing Agreement”).  She said that I was under a signed contract, and that she would send me a copy.  I also asked her, “Even if I had a contract with you, which is a premise I dispute, what costs $70 per month?  And, aren’t you supposed to send me a monthly statement?”  She put me on hold for a few minutes and came back and said, “I’m sorry, we’ve been double-billing you (since August 2013)!  And, we have been sending you a monthly statement.”  (I have never received even one statement!)  I asked when I was going to get a refund, and she told me that she had to talk to her supervisor.  I said that I would call back.

When that email arrived, the attached document was the exact same one that Jamie had sent me—the application for an Agreement. 

A day or two later I called back again, and I think I spoke to the same unidentified representative.  I told her that I wanted to speak to Jamie Jones.  She said that she was at lunch (that was around 3:30pm Colorado time).  So, I asked to speak to the supervisor, Amy.  She told me that she had spoken to the supervisor, and the supervisor was holding me to the contract and there was to be no refund and that was the end of the matter!  Then, I asked what her name was and she hung up on me.  All of these calls were supposedly “recorded for quality assurance”.

I have called and been shuffled around to different departments at my bank’s 800 number, with each one telling me how they sympathized with me and how the bank would help me get my money back.  But, then they would notice “something” and put me on hold—coming back to tell me that I had to talk to another department.

Finally I talked to a representative named Zach, who began by saying he was “part of an aggressive team” that had recovered money for other victims—then he put me on hold—and came back saying that he had some “not-so-good” news.  He told me that EPS are professional scammers, and that they had entered the debits  as “CCD’s “, meaning corporate entries.  The bad news is that this type of debit needs to be challenged within 24 hours of the transaction.  After that, the bank can do nothing.  And, he suggested that I go to “law enforcement”.

I have succeeded in blocking further debits, but they are still trying (even after they acknowledged receiving my “Cancellation Letter”.