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North American Bancard - PCI Compliance Fees

Complaint
Review by spyrus on 2012-09-17
Rating: StarStarEmpty StarEmpty StarEmpty Star
I have been dealing with this issue for 3 years now, North American fails to inform you in the Merchant Agreement that you sign you will be charged a PCI Compliance fee that is equal to the same amount you pay in monthly fees for their services, the merchant agreement you sign states you must be PCI Compliant, but states nothing about the fee, the agreement gives them the right to charge more or change fees with notice, but it says nothing about this large fee in advance, and THEY know in advance they will charge you this large fee. It is a deceptive practice....my latest letter to them on this issue:

Sirs,

In my questioning of your charging me a PCI compliance fee, which I’ve been questioning since you first started to charge me the fee, your last explanation is one for the record books. Your representative points to a section of your Merchant agreement, but admits the fee isn’t as detailed as it should be, but that detail should have been explained by your agent. But that is the problem, it wasn’t explained in detail by your Merchant agreement, nor was it explained by your agent, and I specifically asked the agent about the fee before I signed your agreement that doesn’t provide any detail about the actual fee, you knew you’d be charging me before I signed that agreement.

You folks can parse as many words as you want, and point to things in your agreement that aren’t specific, but the bottom line is, you’re charging me a fee that is almost equal to the monthly fee I agreed in advance to pay, and you knew you’d charge me that fee before I signed your agreement. Certainly your agreement gives you the right to add fees that I hadn’t agreed too in advance. But to charge me such a large fee without disclosing it in advance is a deceptive practice. If you continue to charge me this fee, I will remember your deception when I find a new provider when this agreement does come to an end.
Company Response:
Unfortunately, we are not able to locate your specific account based on your post, however I'd love to speak with you further regarding it. Please feel free to contact me at your earliest convenience. I can be reached via email response@nabancard.com or by phone 866-485-8999 x1443. If I do not answer please leave a message. Again, we apologize for any inconveniences and I look forward to speaking to you. Thank you for your time. Michele B, Research Ananyst.
Comments:
Posted by trmn8r on 2012-09-17:
PCI fees are one of the things to be concerned about when shopping for a provider. There is latitude in the amount providers are allowed to charge, and the best thing to do is ask questions up front.

As you state, they have a right to charge the fee.
Posted by spyrus on 2012-09-17:
Granted they have a right to charge the fee, but I did ask up front, and was told I wouldn't be charged the fee, and I did review the agreement, while it detailed PCI compliance being required it made no mention of a fee. My research on the issue at this very site reveled they had been charging the fee since 2008, I signed my agreement in 2010, that omitted that fact. It's a practice of deception, that I'm willing to bet they still omit from the newest version of the Merchant Agreements they offer.

Why not just disclose the fee in advance clearly?
Posted by spyrus on 2012-10-08:
After talking to Michelle @ North American Bancard, they have agreed to waive my compliance fee since i completed the PCI Self Compliance exam.

They have resolved this matter favorably, as far as i'm concerned for now, and I thank Michelle for her assistance in doing so.

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