Michael Hawbaker, "Wells Fargo Account Specialist" contacted me about upgrading my Nurit 2085 Credit Card Machine to a new model in order to comply with a new California Civil Code that supposedly REQUIRED me to buy a new machine. I argued it at length (1.5 years in total, with multiple reps) but was eventually convinced that I would not be in "Compliance" if I did not get this new machine. Rep told me that it was $750, when I got the contract it was $1680 and I could buy the lease out at the end. How nice. I found the same unit the FD-100 they sold me on Ebay for $213 including the PIN keypad that I did not even get.
I got the new machine and the contract and realized that the cost was well over what I had been told so I inquired.
Aside from this I asked if Michael had read the law that he was calling around forcing merchants to buy new machines and he had not even read it and did not even know that my business was specifically excluded from the code, as well as many other merchants that do business the way I do business. So he is out telling merchants they HAD to "comply" and did not even know the code he was riding on. Now the contract is non-cancellable according to Michael Hawbaker and First Data the lease holders. So the rep either diliberately, or inadvertantly deceived me about the upgrade. Now I am getting the run around with Wells Fargo pointing me to First Data, and First Data pointing me to Wells Fargo. Adding to all this I find out they are the same company.
Retailers and Merchants have been being contacted over the last 2 years about changing their current credit card machines to comply with a new law that does not print all the credit card numbers on the receipts that merchants print off their machines. It is California Civil Code 1747.09. Some of the merchant companies, including my own Wells Fargo contact you saying you have to upgrade to the new machines, forcing you into a new lease, forcing you into a new machine even if your machine currently works fine. Many internet retailers and non face to face retailers do not realize that in Section 3 part A they are excluded from the new law that goes into effect Jan. So These companies have been contacting retailers saying they HAVE to get new machines for 2 years, and they do not have to comply until Jan. Sounds like a Class Action Lawsuit. These companies are coming to EVERYONE saying they have to change, not bothering to tell anyone about the exclusion.
1747.09. (a) Except as provided in this section, no person, firm, partnership, association, corporation, or limited liability company that accepts credit or debit cards for the transaction of business shall print more than the last five digits of the credit or debit
card account number or the expiration date upon any of the following:
(1) Any receipt provided to the cardholder.
(2) Any receipt retained by the person, firm, partnership, association, corporation, or limited liability company, which is printed at the time of the purchase, exchange, refund, or return, and is signed by the cardholder.
(3) Any receipt retained by the person, firm, partnership, association, corporation, or limited liability company, which is printed at the time of the purchase, exchange, refund, or return, but is not signed by the cardholder, because the cardholder used a
personal identification number to complete the transaction.
(b) This section shall apply only to receipts that include a credit or debit card account number that are electronically printed and shall not apply to transactions in which the sole means of recording the person's credit or debit card account number is by
handwriting or by an imprint or copy of the credit or debit card.
(c) This section shall not apply to documents, other than the receipts described in paragraphs (1) to (3), inclusive, of subdivision (a), used for internal administrative purposes.
(d) Paragraphs (2) and (3) of subdivision (a) shall become operative on January 1.
So as you can see if the 3 exclusions in section A do not apply to your business, you do not need a new machine. My machine was not supposed to work almost 2 years ago and still works fine today. I would have paid $1500 in leasing fees to this point if I would have taken their (you have to do it) and bought another machine. This seems like a scam to goto struggling businesses and force them into a $2000 machine that you can buy online for $200, give more money to the rich banks that make bad loans and get bailed out after they rip everyone off. Anyone in this situation should look into it, cause Visa/MC have been involved in scams that ended up in Class action law suits that ended in a judgement for the Retailers.
Jerry
Los Osos, California
U.S.A.
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