Corporate Law Small Business Help Needed!

[JoshDriver]

I am 18 years old and recently bought a small country gas station, (daily gross sales average $600.00). A representative from a large corporation visited my first day as owner and, talking very fast, convinced me that I needed to sign up for his services. He works for First Data. He convinvced me to sign up for the Telecheck services for the checks I take in each day and to also take credit cards. He told me that I would pay only one set fee (for equipment rental) per month and then a small charge per transaction and that the money would be deposited into my account within two business days from those transactions. I signed on the dotted line, but he called within a few days and, based on the fact that I had no previous credit history, the company won't desposit the transactions into my account until four business days. Stupidly, and naively, I agreed. The package was delivered and all my equipment and "merchant agreement's" were included. While reading the fine print in the book, I realize now that I will be charged enormous fees each month, far in excess of the fees stated to me when I signed on. I will even be charged for not using the machine. I have to pay the gas company for the gas pumped from the station on Mondays and Thursdays. Right now, there is virtually no capital built up in the business account. If a lot of customers pay with a credit card each day and the money won't be in my account for four business days, I won't even have enough funds in the bank to pay for the gas on the scheduled days. And if that happens, the gas company will lock down my pumps. According to the contract I signed, it is valid for 48 months! I will be bankrupt in 48 days! Example: I make .05 cents per gallon of gas pumped. Thus a $20.00 purchase at $2.00 a gallon would be ten gallons and .50 cents profit for me. According to the fine print of the contract, I have to pay 4.3% of the total purchase to swipe an American Express card. Meaning I will pay First Data .86 cents. I will lose .36 cents on that purchase. How can I stay in this very small business losing money? Right now, there is not even a tiny profit margin based on the daily gross sales and the monthly bills, (rent, electricity, water, insurance...) I am sick of myself for getting into this contract with First Data, but according to the fine print, it is unbreakable. I NEED HELP!!!!!!!!!!!!!!!!!!!!!!!!!

 

[Michael Wechsler]

How soon has it been since you signed? Is there a cancellation period? Have you used their services yet? Without seeing the contract and the specifics, it's difficult to say.

You may want to first call the company and see if you can be let out of the contract. You may want to state that the salesperson had not given you full disclosure with regard to the use of the machine and that you would be subject to hidden costs located in fine print. In fact, given what happened, you feel that you were significantly misrepresented the charges and are addressing this immediately before you've even begun to use the services. With the current pricing you will be out of business within months since your margins are so small and will sooner sell the business at a loss. As a result, they won't collect money either and it doesn't pay to try to squeeze blood from a stone. Don't go in gangbusters, but see what they have to say. If they don't budge, tell them that you have no other choice but will have to discuss this with the better business bureau and will be forced to fight them on this contract, costing them more money than it's worth. Note that these types of contracts have penalty clauses that may not be enforceable due to their being designed to punish rather than compense. Is there a cancellation provision?

I am 18 years old and recently bought a small country gas station, (daily gross sales average $600.00). A representative from a large corporation visited my first day as owner and, talking very fast, convinced me that I needed to sign up for his services. He works for First Data. He convinvced me to sign up for the Telecheck services for the checks I take in each day and to also take credit cards. He told me that I would pay only one set fee (for equipment rental) per month and then a small charge per transaction and that the money would be deposited into my account within two business days from those transactions. I signed on the dotted line, but he called within a few days and, based on the fact that I had no previous credit history, the company won't desposit the transactions into my account until four business days. Stupidly, and naively, I agreed. The package was delivered and all my equipment and "merchant agreement's" were included. While reading the fine print in the book, I realize now that I will be charged enormous fees each month, far in excess of the fees stated to me when I signed on. I will even be charged for not using the machine. I have to pay the gas company for the gas pumped from the station on Mondays and Thursdays. Right now, there is virtually no capital built up in the business account. If a lot of customers pay with a credit card each day and the money won't be in my account for four business days, I won't even have enough funds in the bank to pay for the gas on the scheduled days. And if that happens, the gas company will lock down my pumps. According to the contract I signed, it is valid for 48 months! I will be bankrupt in 48 days! Example: I make .05 cents per gallon of gas pumped. Thus a $20.00 purchase at $2.00 a gallon would be ten gallons and .50 cents profit for me. According to the fine print of the contract, I have to pay 4.3% of the total purchase to swipe an American Express card. Meaning I will pay First Data .86 cents. I will lose .36 cents on that purchase. How can I stay in this very small business losing money? Right now, there is not even a tiny profit margin based on the daily gross sales and the monthly bills, (rent, electricity, water, insurance...) I am sick of myself for getting into this contract with First Data, but according to the fine print, it is unbreakable. I NEED HELP!!!!!!!!!!!!!!!!!!!!!!!!!