Legal Question in Credit and Debt Law in California

early termination fees

hi,

we terminated a merchant credit card processing company early, and then we were told that we would have to pay a $500.00 dollar early termination fee.

we had a website online from dec 07 to june 08 that did not generate us any money at all. we terminated with paypal without no extra fees, bank of america business checking without no fees, however,with our merchant account with payment processing they want us to pay $ 500.00 for closing early.

i remember telling the sales agent from the payment processing, is their any early termination fees, and she replied to me that their is not.

so what can we do to, so that we do not have to pay the $500.00 early termination fee


Asked on 7/18/08, 5:55 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: early termination fees

Who cares what they "told you"? Read The Friendly Contract. Even though the $500 early termination fee is probably in the contract you signed without reading, $500 is a little much and I doubt it would hold up in court,

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Answered on 7/18/08, 6:19 pm
David Gibbs The Gibbs Law Firm, APC

Re: early termination fees

You need to review the contract you signed or the terms they gave you regarding the early termination fee. Contact them and insist that they provide you with a copy of the contract you signed agreeing to pay this fee. If they cannot, insist that they stop attempting to collect it. If they do provide a copy, you can go the route of claiming that you were misled by their salesperson, however, if their contract is well-written (which most I have seen are), then it will include a clause which essentially says that you have read, understand the contract and that all of the terms of the agreement between you and the merchant account providers is contained in writing, and that no oral representations are included in the terms of your agreement with them. In essence, if the contract contains this clause, the representations made by the salesperson are probably not a defense.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/18/08, 6:42 pm


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