LAST UPDATED FEBRUARY 7, 2020
Customers (as defined below) who enter into a Lease Agreement (“Lease”) have a direct contract with Prog Leasing, LLC (together with our subsidiaries and affiliates, “Progressive”). We know that customer service and customer experience are important to you, and we share a mutual interest in every customer’s satisfaction. With that in mind, Progressive developed these Retailer Procedures (“Procedures”). These Procedures describe the guidelines for your transactions with Progressive. As used in this document, “Retailer” means you as a company or corporation, including your officers, members, directors, employees, agents, representatives and contractors. Each member of your company or corporation who deals with our product needs to read, understand and act in accordance with these Procedures.
These Procedures should be read alongside your Merchant Agreement with Progressive (the “Agreement”). This Agreement governs our working relationship and sets forth the parties’ rights and obligations. In case of a conflict between the Procedures and the Agreement, the Agreement controls unless otherwise specified herein or as otherwise required by law. The Retailer is responsible for ensuring that any and all vendors or subcontractors used in the provision of merchandise to Progressive understand and comply with these Procedures.
Please be advised that these Procedures may change from time-to-time and the Retailer should, therefore, always be aware of and follow the most current version. The Retailer will receive notice from Progressive regarding important changes to the Procedures as appropriate.
Progressive may from time-to-time assess the Retailer’s observation and implementation of the Procedures. Progressive reserves the right to review Retailer operations without notice to Retailer. Retailer may be provided with notice of the results, which may require Retailer’s immediate attention and/or corrective action. Failure of Retailer to follow these Procedures may result in termination of the Retailer’s relationship with Progressive.
Progressive strongly encourages the Retailer to review the Procedures carefully and continually throughout our relationship. If there are any questions or concerns regarding these Procedures please call Retailer Support at 855-222-0801 or contact your Sales Representative.
Progressive reserves the right to deny any Lease application, for any reason, at any time.
FOLLOW THE LAW
Progressive expects that the Retailer will obey all applicable laws at all times. Seek legal counsel or consult a tax advisor if you are unsure about how the law or other requirements may apply.
CUSTOMER EXPERIENCE & LEASE
Progressive and the Retailer must provide clear and accurate information to customers at all times. The Customer must review all disclosures and must also initial and sign the Lease.
The Lease is Progressive’s contract that outlines the rights and responsibilities between Progressive and the Customer. “Customer” means a person who has applied for a Lease with Progressive. Once the Customer is approved, the Lease is signed, and the initial payment is received, Progressive purchases the merchandise from the Retailer and simultaneously leases this merchandise to the Customer. The Retailer should not charge Progressive anything over the lowest price offered to any other customer.
Progressive will send Customers a copy of the Lease via email and regular mail. The Retailer will provide the Customer a printed copy of the proposed Lease if requested by the Customer. The Customer may leave the premises with the printed copy of the proposed Lease. If, due to technical or other unforeseen circumstances, a Customer cannot be provided with a copy after a request, the Retailer must stop the Lease execution process and contact Progressive.
The Retailer will not make copies or otherwise duplicate any lease or lease application, either electronic or hard copy, aside from the printed copy mentioned above.
The Retailer will refer all Customer inquiries to Progressive at 1-877-898- 1970. The Retailer will direct the Customer to Progressive for all future Lease payments.
THE PROGRESSIVE PROGRAM – TERMS & REQUIRED INFORMATION
Progressive provides lease-to-own, rent-to-own, or rental purchase agreements to Customers in 46 states. Progressive purchases the merchandise from the Retailer and rents or leases the merchandise to the Customer. Customers will not own the merchandise until they have paid the lease in full or exercised an early purchase option, as described below.
A Progressive Lease is not credit. Progressive is not a finance company and our Lease products are not “financing.” Additionally, Progressive programs are not “loans,” nor is the cost of leasing the same as “interest.” The Retailer should not use the term “interest” relative to Progressive’s Lease, but the Retailer should explain to the Customer that there is a cost to leasing above the Retailer’s price and that acquiring ownership through the Lease may cost more than twice the Retailer’s price.
Do not refer to Progressive as a creditor, finance company, or lender.
It is important that Customers are provided with full and complete information about Progressive and the Lease. Accuracy in conveying such information is very important, and mistakes or errors in explaining Progressive’s programs may prove harmful. If the Retailer has any questions or concerns about Progressive or the Lease, they should contact Retailer Support at 855-222-0801 or contact their Sales Representative.
The Retailer should verify the Customer’s identity using a form of government-issued photo identification (i.e. a driver’s license, passport, resident alien card, military ID card, etc.). Prior to finalizing the Lease, the Retailer must verify the Customer’s identity to confirm the Customer is the person named in the Lease.
The Retailer may assist the Customer in completing the application accurately or the Customer may enter the information without help. Under no circumstances may a Retailer agree to any disclosures or sign a Lease on a Customer’s behalf, even at the Customer’s request.
Only the Customer’s information, including the telephone and email contact information, should be entered into the application. The Retailer must not enter its or any other information other than the Customer’s in application fields, including those requesting the Customer’s email address or phone number. Under no circumstances should the Retailer submit a personal or business email on behalf of the Customer. We use the Customer’s email to send important information about their lease, including the Lease Agreement, payment schedule, etc. This information is required in order for Progressive and the Customer to fulfill their obligations to one another.
Regardless of whether the Retailer assists the Customer with the application, the Customer, not the Retailer, must click/type through the Lease signing session (all screens after a description of the merchandise is entered). It is imperative that the Customer reads and understands all terms and conditions prior to execution.
CUSTOMER EARLY PURCHASE OPTIONS
In addition to acquiring ownership by making all scheduled payments, a Customer may exercise one of Progressive’s early purchase options. Except in California, the 90-day purchase option includes a mark-up over the retail price and the Retailer should not refer to this payment option as “90-Day Same-as-Cash” or “90-Day Cash Price.” Other early purchase options also exist, and Customers should consult their Lease for this information. For more information regarding Progressive’s early purchase options, Customers should call 877-898-1970.
NO APPLICATION FEE
The Retailer will not charge any form of an application fee to Customers. The initial payment made to Progressive is a Lease payment and should not be referred to as an “origination” or any other type of fee. If the Customer asks about the initial payment, the Retailer should inform the Customer that it is a Lease payment and goes toward the total purchase price.
DOUBLE LEASING PROHIBITED
Progressive must, at all times, be the sole (exclusive) owner of the leased merchandise. Retailers may not combine a Progressive lease product with any other product offered by any other lease-to-own, rent-to-own, finance company, or financial institution.
Retailer may not charge a Customer more than the approved initial payment as part of the Lease or receive any deposit from the Customer.
EXTENDED SERVICE CONTRACTS
Progressive will not fund any extended service contract (service plans, extended warranties, etc.) until the terms and conditions of the plan are reviewed and approved, in writing, by Progressive’s Legal Department. Progressive will not fund an extended service contract, in any form, in the states of California, Indiana, or New York.
Progressive’s services may not be advertised or marketed in Spanish unless the materials have been reviewed and approved by Progressive in writing by Progressive’s Compliance Department. Materials will only be approved if the Retailer’s entire Application and Lease process supports Spanish. Progressive’s services should never be advertised or marketed in any language other than English or Spanish, as provided above.
Progressive leases merchandise for personal, family or household use. Progressive will not lease certain kinds of merchandise.
Progressive maintains a list of leasable item principles. You may find the list at https://progleasing.com/leasable-items/.
Progressive will not fund delivery charges in Colorado, Hawaii, Iowa, Maine, Nebraska, or South Carolina.
FUNDING A LEASE
The Retailer should not release merchandise to a Customer until Progressive has approved the Lease, the Customer’s initial payment has been processed, and the initial payment has cleared. Progressive will not fund an account until receipt or delivery of all merchandise is confirmed (i.e., no partial delivery). The Retailer must not confirm delivery of merchandise unless the merchandise has actually been delivered to the Customer.
Retailers must not pay the initial payment for the Customer.
An itemized Lease is required in order for an account to be funded. The Retailer must itemize each piece or set of merchandise so that each item is accounted for accurately and completely in the Lease. Progressive will not fund labor, service, or installation related costs or fees. The Retailer cannot include such costs and fees in Progressive Leases.
Progressive is not responsible for the Customer’s cancellation of the Lease prior to delivery or if the Customer refuses delivery of merchandise.
Customers may be approved for a Lease but not immediately complete the Lease. In that case, the Customer is considered to be in an “Approved” status. Approvals remain open for 90 days before expiring. After the 90th day, the Customer will be required to reapply. Reapplication may result in a denial.
Subject to the Retailer’s return policy and terms outlined in the Agreement, a Customer may be allowed to return or exchange merchandise. This may result in a credit to Progressive by the Retailer. In such cases, the Retailer must send to Progressive a Credit Invoice, which accurately reflects the total credit due on the account. The Retailer will provide a Credit Invoice within ten (10) business days of accepting any return or exchange of merchandise.
Progressive’s purchase of merchandise from the Retailer is a tax-exempt sale.
SPECIAL ORDERS & CUSTOM ORDERS
Special or custom orders that do not allow for a return to the manufacturer are not permitted.
Marketing materials (e.g., radio, print, website advertisements, etc.) that advertise Progressive’s products must either be provided by Progressive or approved by Progressive’s Compliance Department prior to use.
No Retailer may advertise a Progressive product as requiring “No Credit Check.”
Contact your sales representative to receive the most up-to-date approved advertising material.
CUSTOMER DATA RESTRICTIONS
Retailer must prevent the misuse of non-public Customer Data at all times. “Customer Data” means all identifiable information about Customers collected or generated by Progressive or the Retailer related to transactions with Progressive, including, but not limited to, the Customer’s name, addresses, email addresses, phone numbers, social security number, date of birth, employment information, and financial account information. Customer Data does not include information that is provided directly to the Retailer by the Customer, independent of Progressive, and subject to a separate agreement between the Customer and the Retailer.
The Retailer shall use Customer Data only to fulfill its obligations in connection with the lease process with Progressive as authorized by the Agreement. Customer Data shall be used only for this purpose (including, but not limited to, the provision of merchandise to Customers). Under no circumstances shall Retailer keep or otherwise maintain any Customer Data following the completion of the Application.
The Retailer shall immediately notify Progressive if it becomes aware of or suspects any unauthorized, inappropriate, or accidental access to or use of Customer Data and shall cooperate with Progressive in the investigation of such breach and the mitigation of any damages.
All Retailers must be PCI compliant, if applicable.
DISPOSAL OF CUSTOMER DATA
Any documentation in Retailer’s possession that contains Customer Data must be shredded or otherwise disposed of in a secure and commercially reasonable manner.
If you have any questions or concerns regarding these Procedures please call Retailer Support at 855-222-0801 or contact your Sales Representative.