Albany Distributing

Thank you for the opportunity to respond to [redacted]’s complaint and allegations against the Equity Plus Program.  Ms. [redacted] enrolled in the Equity Plus Program on March 21, 2016.  The Equity Plus Program is marketed to individuals that have recently purchased a home or...

refinanced a loan or some type of activity in the filing of a new deed.  Selection criteria is based on deed information and not age as it is alleged in the grievance.  [redacted] contacted Equity Plus based on the marketing letter that she received.  The marketing letter serves as an introduction to our company and provides an explanation of the program.  When a consumer contacts our company, they are provided an explanation of the program of their choosing and if they elect to enroll they provide the information regarding the loan that is being enrolled in the program.  In addition, the person enrolling is advised of the fees associated with the program.  If the client selects to defer to start-up fee, it is explained to them that any additional funds above the regular monthly payment is applied to the startup fee until that balance is collected in full.  Furthermore, they are read multiple disclaimers stating with one covering that point and also to verify that they understand what is being explained to her.  The read a disclaimer that in the event they cancel prior to the fee being collected in full, they authorize our company to collect the remaining balance.  If the client disagrees with any of the disclaimers the enrollment is not completed.[redacted] was emailed a copy of the Automatic Debit Agreement that includes the information provided by the client and a copy of the terms and conditions.  This is provided to the client so they can review the accuracy of the information provided and have a written copy of the terms and conditions agreed upon.  This allows the client a period to review the program in their own time to ensure an understanding of the program.  The terms and conditions outlines a time period for cancellation in the event the client decides the program is not for them.  [redacted] did receive via email the Automatic Debit Agreement and Terms of the program.  In fact we received a copy of the Third Party Authorization document signed by Mrs. [redacted] and dated April 2, 2016.[redacted] provided the monthly mortgage payment.  Our records indicate that our processing department did verify the loan with the lender and the payment was correct.  However there were issues with the grace period provided so Mrs. [redacted] was contacted and adjustments were made to ensure the payments were received by the lender on time.  On the semi-monthly program, additional funds are collected with each draft that is equivalent to 1/26 of the total monthly payment.  Those funds are applied to the loan’s principle balance to reduce the principle balance.  However if the client elects to defer the startup fee, they authorize Equity Plus to apply that additional amount to the balance of the start-up fee until the balance has been paid in full.  In September 2016, the start-up fee balance was satisfied and the additional amount was being sent to the lender.  In the event that there is a change in the amount of the monthly mortgage payment, then it is the responsibility of the customer to contact our Customer Service Department to notify us of the change to ensure the correct monthly payment is being sent.  It appears that there was an increase to Mrs. [redacted]’s monthly payment and we did not receive notification of the event.  The agreed upon monthly payment of $1,050.00 was sent to Mrs. [redacted]’s lender on record.  Once the start-up fee was collected in full, all additional funds were forwarded to the lender.  The additional funds above the normal monthly payment are reflected first in the August 20th payment.Our company provided its service to [redacted] as outlined both verbally and as written in the ACH Debit Agreement and terms of the program.  As stated in the terms and conditions, specifically item 5, “Client must notify Equity Plus within three (3) business days, of any changes in Client’s loan, including to but not limited to, lender changes, variable interest rates, payment amounts, escrow amounts, or any closure, transfer, or change of Client’s bank account.”  It appears based on the information that we have, that we were not notified of a changed to Beverly [redacted]’s monthly payment which has led to her being behind a monthly payment.We sympathize with Mrs. [redacted] however we provided our services are outlined to Mrs. [redacted] and as stated in our written terms and conditions.  As a good-faith gesture Equity Plus did agree to issue [redacted] a refund of half of the start-up fee.  On October 20, 2016, refund check (#10118) in the amount of $199.50 was mailed to Mrs. [redacted].  We understand that [redacted] feels that a full refund is justified, however since the issue was not created by our company’s performance, we do not feel that a full refund is justified.  In the event that the [redacted] Family can provide additional evidence that shows that the shortfall was created by Equity Plus, then we would be open to reconsidering the matter. SincerelyEquity Plus Operations

The marketing letter is presented to the customer in its entirety and not in just segments.  As it appears, Mrs. [redacted] does highlight portions of our letter were our program is referred to as the Biweekly Mortgage Program.  The Biweekly Mortgage Program is one of the products that is offered by Equity Plus.  The letter if read in its entirety clearly identifies that the Biweekly Program is administered by Equity Plus.  The name of the company appears several times throughout the letter and also identifies Equity Plus as the sender of the letter on the envelope.  The lenders name does appear on the letter, however it states that it is listed for loan reference only.   With that being said, we appreciate Mrs. [redacted]'s feedback, however we disagree with her point of view.   Mrs. [redacted] did agree verbally to the terms and conditions of the Equity Plus Program at the time of enrollment.  All enrollments are completed verbally over the phone and do not require a signed agreement.  Based on review of the phone call, Mrs. [redacted] was aware of this at the time of enrollment. As well she was plainly told during the phone call that the program was administered by Equity Plus and she acknowledged the fact during the phone call in which I personally reviewed the recording.  Based on the facts of the matter, Mr. [redacted] was clearly made aware in both written and verbal communication that our program in provided by Equity Plus.  As stated her account has been terminated and the enrollment fee that she agreed to pay at the time of enrollment was waived as previously indicated.  At this point we consider this matter closed. Sincerely  Equity Plus Operations

Dear [redacted]: An exception was made for consideration to refund your account as a onetime courtesy and was approved. This is not normally the case. You are an international reseller as you are not in the states, thus there may be some delays.The fee charged to your credit card was neither a dropship fee nor a handling fee. Here are the industry definitions for both terms: A dropship fee is the cost that a supplier will charge to dropship an order to the reseller’s customer. A handling fee is the cost that a supplier will charge to process the order. We charge neither fee. The deposit is a not a dropship fee nor a handling fee. As stated on the sign up form, the deposit is a not a charge that we normally refund. There are many companies that will bury important disclosures in a bunch of text or link such important disclosures to a separate webpage requiring the consumer to click through to another page to see these disclosures. We do not engage in such practices. You should appreciate that as a company, we did not do this to you. We did not link our policies to a separate page or bury our policies in a bunch of text. Our policies were on the same page that you were on when you provided your credit card number. The policies were written in five short sentences. We will not even question why you provided your credit card number in the first place as we are not sure why we would need your credit card information if it wasn’t for a transaction. We do recommend, however, in the future that when you sign up with any company that you read their policies before checking a box and confirming your acceptance, as you are accepting a legally binding agreement in many cases. Companies such as us are allowed to operate with our own return and refund policies that best suit our needs as a business. As a consumer you have every opportunity to inquire about any companies return or refund policies BEFORE you make a purchase or sign up for a service to ensure that it will offer you the flexibility you need. But purchasing a product or signing up without reading and then wanting to retrospectively reverse your acceptance is unacceptable.

"I tried calling and contacting them and never received the product I paid $59 for via my [redacted] credit card. Due to the lack of communication and...

product, I decided to dispute the charge." The customer never called or sent an email prior to filing a dispute with the bank. If this were true,  there should be phone records and emails dated "before" the date of the initial bank dispute. Additionally, her word usage, "calling" and "contacting" is confusing. Is there a difference between "calling" and "contacting"? Besides "calling" which she definitely did not do prior to filing the dispute with the bank, what means of contact was used when she claims she tried "contacting" Albany Distributing? "Calling" and Contacting" is not perfectly clear. "Calling" means contacting through a means of voice, but "contacting" could also mean calling as well, (or it could mean another means of contact, such as email, fax or registered mail). The customer received the product data feed. If it was truly not received, then a simple phone call or email would have straightened out the matter, but there was definitely no communication whatsoever prior to the filing of the bank dispute, this is 100% certain, and therefore, [redacted] bank decided that the customer's dispute was invalid because a valid attempt to contact the merchant was not made. The bank stated in a letter that the cardholder's claims were not found to be true, and that they will not allow her to continue to dispute the transaction unless she could provide new or additional information to support her claims. The bank also stated in the memo text of the dispute that they do not recommend our company processing additional transactions for this cardholder and they listed several reasons, one being a pattern of falsified claims and the cardholder might be trying to receive free services. Based on the information we received from the bank, and as per company policy, the customer's account with Albany has been terminated. However, as a good faith effort, if the cardholder can supply valid proof that she tried to "call" and "contact" us, as she claims in her Revdex.com complaint, her account will be restored. Valid proof would be phone records dated before the date of the initial dispute. It should not be a problem for the customer to supply this since she stated that she tried to call prior to the filing of a dispute. (We will verify the phone records with the telco provider, to ensure that they are real records.) A secondary method of contact which defines the word "contacting" used in the original complaint. If the word "contacting" is just an extra word that she threw into the original complaint, then just phone records that show she tried to call would suffice. However, in a true scenario, it is considered much unreasonable to make just one phone call to a company, and say "oh, they didn't answer, call the bank and dispute it". No, that is not how it works. It's common sense to make repeated calls at least 2 or 3 times before taking such extreme measures to file a bank dispute as just one phone is not considered a valid attempt to contact the merchant, as a person could just call a company in the middle of the night, or on a federal holiday and claim the company didn't answer. Of course you will not receive an answer in those offpeak hours. This is why if the only method of "contacting" was "calling", phone records need to show that a reasonable attempt was made. If the phone records are falsified, we will be able to verify with the telco.

Thank you
for the opportunity to respond to MrYuewei [redacted] complaint regarding the
Equity Plus Program. Mr[redacted] enrolled
in the Equity Plus Program on April 14,
In Mr[redacted]
complaint he alleges that he was misled to believe that his payments would be
applied
to his mortgage on a bi-weekly basis.
Mr[redacted] states in his complaint that he called and enrolled in the
Equity Plus Program based on our marketing letter that he received in the
mail. In the marketing letter it clearly
states, "The Bi-weekly Mortgage Program is administered by Equity Plus. The funds are FDIC insured and paid from the
administrator to the lender by the due date."
Prior to Mr[redacted] phone call to Equity Plus, he was provided in
writing that his biweekly payment would be made to the lender on a monthly
basis
I reviewed
the recorded phone call held between Mr[redacted] and our Enrollment Representative. Upon receiving the call, Mr[redacted] stated to
our representative that he was ready to enroll, however our representative
insisted that she explain the program to Mr[redacted] first before enrolling to be
sure that he understood how the program works.
During the call, the Equity Plus Enrollment Representative stated to Mr
[redacted] "The funds are still applied on a monthly basis as per the terms of your
loan with the Mortgage Lender." Mr[redacted]
simply replied, "Ok." After explaining
additional details of the program which included the $stafee and
our cancellation policy, Mr[redacted] agreed to enroll. In the recorded conversation, Mr[redacted] stated
that he understood how the program worked and agreed to the terms of the
program
After
enrolling into the program, Mr[redacted] was provided documents that confirmed his enrollment
into the program and provided the details of the program. In the paperwork he received, it stated, "$
Total amount authorized to be debited from my account every two weeks. This amount, less the above service fee, will
be forwarded to my lender on a monthly basis."
Upon review
of the matter, I am uncertain how Mr[redacted] can allege that he was misled to
believe payments would be forwarded to his lender on a biweekly basis. Mr[redacted] was provide two times in writing,
statements that clearly indicate that payments are applied to his mortgage on a
monthly basis. In addition, he was
verbally told that payments are applied monthly by our Representative
In regards
to the $fee, Mr[redacted] agreed to pay the $fee when he enrolled in
the program. Mr[redacted] was advised that
if he cancelled the program that he would be responsible for the balance
owed. When Mr[redacted] called in to cancel on
July 21, he was informed that he would be responsible for the stafee
and we would collect that from the unapplied balance that we had and we would
refund the remaining funds we had to his checking account. This was once again stated to Mr[redacted] by one
of our supervisors that spoke with Mr[redacted] on July 22,
Equity Plus performed
its duties as outlined to Mr[redacted]. Mr
[redacted] has paid his stafee, so he will be a life time member of the Equity
Plus Program. So in the event he is
interested in using the program again in the future, he will be able to resume
without having to pay another stafee
Sincerely
Equity Plus
Operations

The consumer is 100% correct - he was denied an account with Albany Distributing. What did he do? He continued to call and pester 24 hours a 7 day about reversing the decision so that he could do business with Albany Distributing. It was already made clear to him that no business dealings will occur...

with him. He would not give up, despite being told multiple times that the company is not interested in doing business with him, he continued to call and pester even more. Finally he was told that if he wanted to create a webstore through Albany Distributing consideration will be made for an account. He agreed to the webstore setup for $999 (the most basic package for an entree level ecommerce store). He began placing orders for [redacted]. Roughly 109 orders in the first 24 hours. He did NOT follow any instructions that were given to him for placing orders, and rather than placing orders online he was emailing them in an incompatible format, which made it difficult to process. Consumer would call every 5 minutes, leave hang up voicemail messages multiple times a day within short time intervals as well as send emails and just tying up phone lines and the helpdesk emails. The consumer was literally abusing the customer service resources, which is why the decision was made NOT to do business with this person so early on , but because of all the pestering special consideration was made but did not work out as initially expected. As per Albany Distributing policies accepted and agreed upon by the consumer, the account was terminated. It's explained very clearly in the terms and conditions that the company reserves the right to cancel or terminate an account for any kind of abuse of company policies, account was closed. Store mockup design and logo was provided to consumer as agreed upon, consumer liked the design and there are emails proving he was happy with the design. The service has been delivered as agreed upon. Consumer needs to understand that when he was advised that no business will be done with him, he should have accepted that decision and moved on without all the pestering.

"Try it for 30 days" is not verbiage conveyed to customers, online or offline. Occasionally customers will call in to inquire about our shipping or returns before creating an account, and all customers are  advised the same thing: 30 day returns on *most* products, but they are referred to the...

"Returns and Exchanges" page for complete details including any applicable exceptions and restrictions that might apply to certain types of products or brands. In one of the recent calls with this customer she mentioned she would have never agreed to a non-cancelable and non-refundable policy and alleges the text on the sign up page was intentionally changed to read non-cancelable and non-refundable. The customer is suggesting when she signed up the policies said she can try the service for 30 days and then after she signed up we changed the text to read something else. This not the case and is not how Albany Distributing conducts business. The customer was encouraged to use a website called [redacted].org, a [redacted] Machine, which will show her exactly what albanydistributing.com looked like on September 27, 2015, a great tool that disproves a lot of false allegations. Now she is alleging it occurred over the phone... Revdex.com is well aware of the non-cancellable and non-refundable policies stated on the sign up page as it has been there for two years. There should be no dispute about this. What's even more interesting. . Why would the customer claim she was told she can try it for 30 days if the website has a non-cancelable and non-refundable agreement which clearly was never changed or altered as Revdex.com knows? A customer would say ... "Wait a minute, you told me on the phone its 30 days: but when I sign up it says non-cancelable and non-refundable. Hmmm, this doesn't make sense... So which is It?' Again most products returns have a 30 day return window, not Albany Distributing services. The sign up is an independent purchase and those terms and conditions are stated on the sign up form. This is why all transactions must originate online, so that there is no dispute about what was said or wasn't' said. She further alleges Albany Distributing is breaking a "federal law" with respect to FTC's 3- day cancellation window, which is not a true statement of fact. I am personally aware of this law. and it does not apply to purchases made online, by mail or telephone. Furthermore, it does not apply to products or services not primarily intended for personal use. Albany Distributing services are only able to be purchased online, and is not intended for personal use, thus why pertinent business information is required to join Therefore, the FTC's 3- day law is non-applicable as it does not apply. Again, the customer is not correct here either. She does not understand how the law is applied because she misread this, thus making untrue claims. We are not breaking federal law. The sign up form clearly states there is a non-cancelable and non-refundable deposit of $59. It further states the deposit is given back to the customer as a store credit after the customer spends $500 in combined purchases within the first 4 months. Through the merchant processor linked to albanydistributing.com, there is an option to create customer loyalty e-glft cards and have the amount of the gift card sent directly to the customer's credit card company as a credit voucher, so that when the customer makes a purchase it would be paid for using the credit voucher, but unfortunately this option is only available to select retailers, not wholesalers. I also understand the merchants MCC. which stands for Merchant Category Code*, plays a role in determining which merchants are eligible to create loyalty e-gift cards through their merchant processors. As Albany Distributing is a wholesaler not a consumer retailer, this is not an option. The only difference with this and our own way of doing it is that the customer would not be required to spend $500 to get back the $59. This was attempted as a good gesture to the buyer, but it was simply not supported after repeated failed attempts. No refund is due to the customer and one will not be issued. However, as good faith gesture I will be happy to reset the 4 month window if the customer wishes to use her account to place orders. I will also lower the $500 minimum to $250. After spending at least $250 within the new 4 month window, the customer will be eligible to receive a $59 store credit. If she accepts this offer, please respond within the next 14 days.

I...

have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.  The card
cancellation was issued on October 8 ,2015.
Attached is
the Letter of cancellation to my bank and all the 3 months bank statements; showing
that the refund didn’t come thru in more than 30 days.
First debit
was from Albany on August 26, 2015 for $59 USD.
But it
never was refunded by them; even though the said it was refunded.
All my
statements are attached until present date.
Cancelled Card Complaint # [redacted]-Oct 8,2015. For more details; the letter of my bank complaint is attached. That's why I need the refund by [redacted]; also the Albany  Manager told be the refund was going to be given by [redacted] without problem. My [redacted] Account: [redacted].com Regards, 
[redacted]

The customer was told so many times that he could not have an account with Albany Distributing. The customer was very persistent and stated that he wanted to do business with Albany Distributing, despite being told numerous times, over and over, that the company is NOT interested in doing business with him. On initial contact, the customer took up a lot resources, and lacked industry knowledge, and asked many questions about information that is clearly posted on the albanydistributing.com website. Asking questions is not a problem, but not utilizing the resources made available BEFORE initiating contact with customer service is in fact a big problem. These are just a few of the reasons why there was no interest in doing business with this customer. However, he continued to call and email repeatedly requesting that an exception be made so that he could do business and stated that he wanted a chance to prove himself to the company. The request was granted, unfortunately, as suspected, there were problems with how the customer was placing orders, despite being told that he MUST place them either online or via flat file. The customer simply failed to follow instructions and did not read any of the policies on albanydistributing.com pertaining to order placement and fulfillment. A store and logo design was done for the customer which he received. The customer stated he liked the design and logo (there are emails to confirm this). Nothing was mentioned about hosting services...this is NOT a service in which Albany Distributing provides, therefore, the customer must obtain this service himself through a 3rd party. As a good faith gesture, the customer will be provided with assistance in finding a hosting solution. Once this is done, all business matters with this customer will be concluded.

[redacted]PLEASE SEE ATTACHED DOCUMENTATION[redacted]

talked with the customer 10/18/2017 regarding cancelling of account.The account was created with the 30 mbg and was refunded Saturday. Refund will show up on his bank either today, tomorrow or wed. Screen capture of refund is attached. Please call with any questions or concerns. Please mark...

resolved. Questions  please direct to Gerry @ ###-###-####

This complaint is the same as [redacted]. Please close one of the complaints, we will not be responding to 2 different complaints for the same customer.

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your...

reference, details of the offer I reviewed appear below.
Revdex.com spoke to consumer and the following was relayed: I spoke to Martin and I was told that it is their policy not to retract a police report unless the Revdex.com complaint is retracted.
Regards,
[redacted]

As per the [redacted].com website terms and conditions it is clearly stated that wholesale prices are not disclosed until a user is a paid member of the service. This is clearly stated within the FAQs as well as at the bottom of the
sign-up form should the customer decide not to sign up....

None of the wholesale prices are more than the manufacturer's suggested retail price (MSRP). An example provided by the customer where the wholesale price is greater than the actual MSRP would be helpful. With regards to the website some users of the service do
not have a platform for selling in which case members are offered a turnkey solution so
that they do not have to spend thousands of
dollars developing a website on their own. Having a website of your own allows for higher profit margins because you are eliminating
the cost 3rd party marketplace selling fees that are imposed (i.e. [redacted] fees). Also, as per website terms and conditions it is clearly stated that the $59 fee is a deposit and is applied once a member has reached at least $500 in combined purchases. Finally, the member was informed the $59 fee is a deposit and while the account can be closed, that does not entitle
the member to a refund of the fee since it is a non-refundable
deposit, which is
clearly on the sign-up page.

The website explains that when you sign up there will be a charge. Most likely, you did not read the text in the box below before signing up, and thus why you were not aware of the fee. Please see screenshot below. Also, here is the direct link to the sign up page: https://www.[redacted].com.

Albany Distributing has been a wholesaler for 10+ years. Providing drop shipping services is our business model. Where our website is hosted is irrelevant. We buy our products directly from the factory, and sell to resellers, therefore that makes us a valid wholesaler. There was no scam, the...

customer agreed to a non-refundable $59 deposit which is stated on the agreement that she accepted during sign up. Here is a copy of the terms and conditions accepted by the customer: "When you click the sign up button below your credit or debit card will immediately be charged a one-time, non-cancelable and non-refundable deposit in the amount of $59.00. After you place at least $500 in combined purchases within 120 days of account registration, we will place a $59 bonus on your Albany Distributing account, which may be applied to future purchases." As you do not qualify for a refund, one will not be issued. However, as a courtesy we will make these terms more favorable by reducing the $500 threshold to $250. The time limit will remain the same. If you have any further questions or concerns, please do not hesitate to contact us further. We can be reached at ###-###-####, or via email at [redacted]@[redacted].com.

My bank informed me that they have no prove on paper after the system cancelled the transaction automatically. However, I have attached a recording voice conversation between me and my bank about this transaction as a prove of charges as I have explain to this complain. I have also attached on my previous reply my bank charges for the amount of $59, which is my current request from Albany, as they did not provide service related to those charges. When I did spoke with someone from Albany term, I was told that my payment was accepted and he was going to call me back and provide me with ta tracking number for this product. However, I didn't heard from him, that was why I have to look further to see deeply into this and all I can see is dishonesty manipulations. I am a person who will never manipulate anyone, either would I accept the same from someone else. Please Albany distributing, I need my sign up charges back to close this case. Thank you

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below
I got a phone call last Monday, the 20th of July from Greg. He was very rude and arrogant, told me if I wanted proof that Albany is a real company I could fly to New York and tour the warehouse, but he can not give me the address of the warehouse. I asked him several times to prove to me that he was a legit company. I asked to speak to several other people and his response was I am trained to handle your account and any questions you have. He then told me that he could prove to me that he was a company because he could put me on hold and there would be music like a real call center.  We were on the phone for a while and he continued to be rude and arrogant, did not answer any of my questions and I continued to ask to speak to another person at the company and he told me sure, of course, but never would get anyone. Then at the end of the call said someone would call me back. This is completely a red flag and I want my money back. I did not authorize him to charge my account. He scammed me, he was supposed to be a whole sale distributor and he is not. He can not keep taking advantage of people like this it is wrong.
Regards,
[redacted]

Revdex.com spoke to Gerry and the consumer's statement was confirmed and at this time the business has not retracted the police complaint against the consumer.

Most of the conversation was done by phone and Albany must have the recordings for that. I can combine and send all the emails for you to see the conversation held. May be that will give a better idea. Meanwhile, I have attached the agreement for your consideration as well. I will send you all the emails as well tomorrow morning. Thanks [redacted]