Sold us outdated, faulty equipment for a two-year contract to process credit cards for our retail business. In July, 2009, the retail business closed. In August, 2009, Elavon began charging us a non-compliance fee of first $20 per month because we could not update our machine. The machine requires analog phone service and all our phone lines are now digital. We called and explained this, however, they refused to upgrade the machine nor give any assistance with removing fees that were not disclosed to us in the contract. We also spoke with a supervisor who insisted that we were in violation of our contract by not updating the equipment and advised us to "find an analog phone line to update the machine in order to avoid future fines and fees." We explained that our area is all digital now through Verizon and that our current service with Brighthouse is also digital. When we explained that the business had closed and that the machine was no longer going to be in use, we were basically told, "too bad."
We attempted to cancel the contract in October of 2009 at the end of the contract but were told at that time that we would be charged an early cancellation fee still, even though our contract states we only had a 2-year contract with NOVA (originally) and that it was too late to cancel because the contract had already renewed for an additional year. The contract was due to expire in November of 2009, not October. Again, we were told we would have to update the machine to avoid further fines and fees. In addition, we continued received statements for an account that showed no transactions and yet we continued to be charged a $2.50 per month statement fee.
In August, 2010, we were still be charged the non-compliance fees after several more attempts to reconcile issues with the machine, requests to update the machine so the software does not require an analog phone line, ect. but all to no resolve. The machine is still too new to require us to purchase new equipment to get their so-called "contract" into compliance. Our requests went ignored so we filed a BBB complaint. Elavon at first responded that we had a 3-year contract with them and that we were required to update the machine or we would be fined. We disputed this claim with the BBB and as of 9/30/10, Elavon had not responded to our rebuttal, hence the BBB complaint has been marked as "unresolved".
In a most recent email, the BBB indicates, "The business has not made any further concessions to their original
response. This complaint case is now considered closed UNRESOLVED. If the
company is a member of BBB, this matter will be escalated and if the matter
remains unanswered, steps will be taken towards suspension of their membership.
Our complaint number is: 27152***
On August 13th, 2010, we consulted our banking institution where our account is held where Elavon continued to draft erroneous amounts monthly without explanation. After we showed this to our bank official, they recommended that we close the account to prevent further pilfering of our account by Elavon. We received an August statement from Elavon with a fee of $27.50 charged against the closed account. Apparently, they are under the impression that the August fees were paid from this closed account. This shows just how routine and unaware they apparently are of their accounts. NO charge was made against this closed account and they no longer have access to any other existing accounts.
Today, we have sent yet another written request via Certified Mail to cancel and close this account as their so-called "contract" is up for yet another year of renewal in November on an old machine they sold to us that we could not even use through the first 2-year contract term. We find it not only unethical to refuse a customer assistance with issues of this nature but then to penalize the customer for a technical issue that is beyond their control is just plain criminal. Pilfering a business bank account without knowledge, consent or contractual terms is also criminal. We have lost hundreds of dollars because this company continued to charge us frivolous fees and fines that were not explained to us, not even on the statements. We've requested that they simply replace the older machine so that we could bring our account into compliance so we could then close the account. They have refused, even after the BBB complaint. It appears that this ruse is simply a deliberate plot to extort money from its customers.
As best we can tell, in writing or not, Elavon refuses to cancel contracts without a huge fees for early termination and at best, they taunt and ridicule businesses who are in non-compliance for reasons beyond their control and refuse to make any concessions toward making good on the faulty, outdated equipment we were sold. It is apparent from the number of similar complaints that we are not the only company that has experienced such tactics. We plan to pursue this as far as the law legally allows.