TSYS Merchant Solutions First National Merchant Solutions Charging $250+ early termination fee Omaha, Nebraska
They insist that there were a separate set of Terms and Conditions that I agreed to that state that 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 say that I admit receiving their "Terms and Conditions" by signing the contract which states agree to the terms and conditions, of the documents, agreements and rules which are included herein.
They were and are not in the contract! I have repeatedly asked for a copy of them that they cannot or will not produce. I STILL have the welcome package (sent later) they say included the Terms and Conditions but it does NOT contain any "Terms and conditions". All of my initial correspondence including the contract was through email so I could not have possibly received the "Terms and Conditions" they talk about unless they have it available for sending via email, which they do not. As the contract 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 spoke to one of their representatives at the end of May because I wanted to see my first statement with the new company before I closed my account but I did not want to get charged more fees and she told me that if I did not use my account in June, "I should not owe anything else"! She did not mention the $250 early termination fee at that time. It was not until I rejected all their offers and asked them to close my account that they told me I owed a $250 early termination fee.
This is just a deceitful way for a large company to try and strong arm smaller companies and individuals and it should not be allowed! If this were not true, why do they not have the amount ON THE CONTRACT itself???!! They know if people see it they will not sign the contract so they hide it in some other document that most people would not know to ask for and they know you don't have! I tried to contact them directly as well as through the BBB and they offer no resolution! They say they are right, they do not care what I say or think and they say I owe $250 just because I did not cut them off on exactly the right date that THEY say I have to if I don't want to pay a fee even though I paid them fees for over 3 years!