My friend's business applied for a credit card processor company's service. When signing up for this service the only document they asked her to sign was Application Form. Also, their sales person verbally promised that she can try their service risk-free for a month (ie she would not have to pay any Early Termination Fees if she would decide to switch back to old credit card processing company).
However, once she decided not to do business with this new company, they tricked her and sent her template of Termination Notice that sneaked in new terms that state that she has to pay $840 in early termination fees (contrary to original agreement that stated that their service has risk-free trial period for a month). Unfortunately, she did not read this Termination Notice template carefully, signed it and sent it back to them. Other people are complaining about the same fraudulent activities from this company on BBB and YP that they try to alter original agreement and include ETFs etc - of course when it is too late already.
Now, this company has already automatically charged her these $840 from her bank account, because they had access to her bank account. Is there anything she can do to dispute liability to pay this ETF because it was not disclosed at the time she signed up for service?
What would have been the correct way for her to terminate service in such case? What, would happen if this company would reject to accept her Termination Notice that does not mention this $840 ETF?
If there is nothing she can do anymore because "Termination Notice" is already signed by her, could in theory my friend have tried to secretly sneak in new terms in the termination notice as well? For example, to charge this company PoS terminal storage fees (PoS terminal was theirs)? I understand that hard part here would be to get this company's signature on termination notice, because termination notice is typically signed only by one party, but what are the chances to sneak in new terms from our side and make new liabilities for this other company?
I understand what I ask is morally disgusting. However, I am not sure if it is or isn't legal. If it is illegal, then I think she should get back her $840. If it is legal, then why not screw with this company and try to get back even more money via PoS terminal storage fees?