Rapid Advance change of policy regarding renewal commission? - Page 2
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  1. #1
    Karen37a
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    I agree with Archie on the first point but..

    In reference to what John tucker said...They say they can update the commissions as they see fit.( it is in the agreement we sign)

    One of my ISO contracts say" within 30 days notice", now they just changed their policy and they send a notice saying "effective immediately.I called them to tell them ..nothing is "effective immediately" its 30 days you fools and they should rethink the renewal that I am trying to renew. And I am not going to accept the change on the existing contracts.

    Lenders what us to be loyal to them ...which I am.;But some are not to their ISOS's. Some reputable Isos want to build a book of business, which is clearly what you want to do( John and others) and that's why I came into this business. I want to build a huge book of business then just call the clients and say happy birthday, happy chanukkah , do you need more money? In defense of the Lenders , there are greedy commission focused brokers who don't care about the lender nor their client like A Diamond said so its on a case by case or person by person basis.

    I discussed with the company changing terms of their agreement with me that they are committing suicide trying to do this ( I am not go to go into detail on this post about my guess as to who they are and why, but I think they are being bought out from this other non loyal company who think they are going public soon; which is a joke because wall st isn't going to touch them with a 10 foot pole, especially after some of the massive losses some companies have posted, and the fraud one committed) And they really do not care about me sending deals anyway..

    The bottom line is I am let out of my original contract with that company to go elsewhere.

    We can debate non compete agreements until we are all blue in the face BUT parties need to be held to certain standards ON BOTH SIDES or they can be VOID in their entirety.

    Someone can make the argument that all FUTURE sales will be held to the new standard and not the ones that were entered into previously and the renewals attached to them.

    There is the argument of "unclean hands" ,it also cant be burden to the effective party, also reasonable equity to the person who put in the most work, most importantly it has to be "narrow in scope".

    Each state has different laws in regards to non competes and certain states throw them out in their entirety if they are too broad in scope, some will pick and choose which parts to enforce

    Also an employee /independent contractor can move for sanctions on a lawsuit for a frivolous non compete

    Ive been in Financial Services so long I have seen these battles over clients for 3 decades.( and again I am not a Lawyer , nor advocating for people to be unethical ..on either side). In the end it should be the ISO that has the relationship ( hopefully) with the merchant, what would stop ISO #1 from passing the merchant to ISO#2 to get around the non compete???? The non compete of course. I have a 70% Renewal ratio with my Lenders..I would really hate if they decided to not be fair to me ( I believe my core Funders will be fair) but if they did not

    hmmm

    Lenders can assert "tortious interference" and I am sure they will if its big $$$$,
    Last edited by Karen37a; 08-19-2016 at 07:55 PM.

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