{Attorney Name Remove} Law Office, PLC

{heading section removed}

April 30, 2009

 

 

Via facsimile 954-509-2900

Card Service International

Nivea Kapoor

Accounts Manager

1307 Walt Whitman Rd.

Melville, NY 11747

{Reference removed}

End User Agreement by and between First Data Global Gateway owned by LinkPoint International

Client: {client name removed}, President of {company name removed}, LLC

Dear Ms. Kapoor:

This letter is to follow-up our conversation of today with regards to the funds being held by your company belonging to {company name removed}, LLC. As discussed, there were approximately five (5) or six (6) charge backs on my client’s account. You advised that all the charge backs had been collected from his business accounts, but there was still one open charge back in the amount of $215.00 that needed to be verified by you. Based on that we agreed I would send you the bank statement for the month of April 2009. However, I did confirm through my client’s file and advised you of the same that bank statements have been provided to you for the month of February 28, 2009 through April 20, 2007. This was sent to you on April 20, 2009.

During our conversation, you explained the one of the reasons your company is holding his funds is due to the charge backs and because he had not responded to the charge backs which are caused by a customer dispute. I informed you that my client did not respond to the charge back claims because he was not disputing them. According to the letters sent by your company regarding charge back to the merchant is an attempt to allow the merchant an opportunity to respond or dispute a charge back alleged by a customer before debiting his business account. Since {company name removed} has no reason to dispute or challenge a charge back, it would appear logical that it is unnecessary to provide a response. Furthermore, as I explained, there is no history or record that reflect charge backs debited out of his business account have ever been insufficient. Therefore, it does not seem legal or appropriate that as you stated you are holding $6500.00 when all that is remaining as a charge back to his account is $215.00 for you to verify. Another bizarre reason for holding his funds, as you stated is because his sales have increased. It would seem that your company would be pleased that sales are up since they benefit by receiving a percentage of the sales charged. This is a clear and egregious violation of the End User Agreement.

Next, I asked you "who authorizes holds on merchants accounts" and your response was it depends. You were not clear as to who can authorize such a hold. Moreover, you advised that you were not sure who in your company would authorized to release the hold, but you did mention that your supervisor could approve the release. I then asked you "who placed the hold on my client’s merchant account" and you said the Security Department. When I asked you who is the department head of Security, you said, "I don’t know." Although that seems unusual, I was able to obtain from you, your supervisor’s name which is Lorena Rios, of Card Service International, located at the same address printed above in this letter. You advised her phone number is 800-588-7545 ext. 46935 with a fax number of 954-344-5764. I will not discuss the details of our conversation, but as I stated the End-User Agreement signed by my client does not mention your company, Card Service International as a service provider for First Data Global Gateway.

Finally, you advised that once you received the bank statement for the month of April 2009, you will do a final review of the merchant account and will call me on Friday to discuss the release of my client’s funds. Attached to this faxed letter is the April 1 – 30, 2009 bank statement. I will be out of my office on Friday, but I can be reached on my cell phone at {cell number removed}.

Sincerely,

{Saluation removed}