Fitness 19

In regard to this complaint, the individual was very rude and irate with me about charges that we were not aware that she had no knowledge about.  We were more than willing to cancel the contract, I just need her to send a letter in so we could have consent to cancel, but she was not willing to...

send the letter.  I understand that she is out of town and can not make it here but a letter would suffice.

This is email is in response to [redacted] Balbuenas complaint to the Revdex.com about Fitness 19 which happened around December 15th, 2014As of right now we have been trying to get in contact with either, [redacted] or her son. We previously had the agreement out, but it had gotten re-filed, so we have no contact information for either party.We had tried emailing the email address that was given to us by the Revdex.com, but there is yet to be a response.Before we can make a final decision on the refund we just want to be sure that it was not [redacted]’s signature or initials on the agreement itself.Once we have confirmed that it was not [redacted]’s signature and was her sons, then we can issue a refund check in the amount of the $100 and the $35 stop charge. If there are any further questions or concerns please contact back at this email([redacted])  or the number listed below. [redacted]ManagerFitness 19 Rocklin [redacted]Fitness 19 CA 119, LLC6823 Lonetree Blvd Ste 101Rocklin CA 95765###-###-####

The issue regarding [redacted] has been resolved. As of 1-15-15 we have refunded all fees and upon her request have cancelled her membership with the option of re-joining at the same rate in the future.

Bertha,   In response to the complaint issued by [redacted], we at Fitness 19 have tried to correct this issue but have not been able to come to a settlement with the representatives of Mr. [redacted]. The representative claims to have submitted paperwork for cancellation in 2016....

However we never received paperwork or a written notice of cancellation (which is required to cancel a membership). on October 23rd, 2017 a written notice of cancellation was submitted to the gym along with the original copies of the membership agreement. Our cancellation policy is a 30-day notice and when the final billing occurred on 11/15/2017 the representative of Mr. [redacted] called the gym claiming foul play. Fitness 19 offered to refund the last monthly payment and any overdraft fees but the representative said that was unacceptable and wanted a refund of all monthly dues. Mr. [redacted] was on the account of a Mr. [redacted], who was the individual that passed away. We understand the situation however we received the documentation on 10/23/2017, so it is unclear why Mr. [redacted] is claiming to have done it before. It is also wrong to claim that  Mr. [redacted] passed away and that we were taking money from a dead man, the death certificate that was delivered was for Mr. [redacted]. We did in fact offer a refund for the last monthly payment and overdraft fees but the representative said that was unacceptable and was going to sue us. Please let me know if you have any further questions.     [redacted] General Manager Fitness 19 Corona

Revdex.com:
I have reviewed...

the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.As I stated before I spoke to an employee of the club over the phone. I was told the membership would be cancelled. I was lied to, further more if a business can send me texts and emails demanding money than I have every right to respond. A legit business would not set up a system that only allows a one sided dialogue, its all smoke and mirrors to cheat people.  Hope that helps!!!
Regards,
[redacted]

Hi [redacted],
 
We have now resolved this...

matter, yes. Although it still doesn't negate the fact that it took 4-5 times as long as it should have been, through unnecessary "red tape" and b*llsh*t.
 
Thank you for following up on this.
 
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.since the week of July 4th, 2014, I've been having issues with said business in not only trying to close my account, but also being billed for services that I had cancelled. Just recently I had recieved a paper bill from Fitness 19 stating that I owned nearly $50 in back payments and disregaurded it, thinking that the account had been closed and it was just one of those fluke things that didn't go through the system that my account had been closed before the paper bill had been sent out. Just recently, I had recieved a text message from them stating that I needed to call Fitness 19 due to an unresolved account issue. When I did, I was told that I had an outstanding bill of nearly $50. I told them that the account should have been closed and that I had filed the paperwork with them the week before they opened their facility. Their associate asked about the termination paperwork and I told them that it should be there somewhere in their manager's office.I want them to quit sending me bills and text messages stating that I still owe them money on an account that should have been closed the first week of July. Also for them to close the account I had with them.
Regards,
[redacted]

Complaint: [redacted]I am rejecting this response because:
Fitness 19 has been contacted numerous times to cancel with no response.  Have called and left messages for the manager with no reply.  Finally received a returned phone call from "Bobby" today (after a year+ of messages), who stated he was the owner, which, I might add is false, based on a DOC search.  He was extremely rude and hostile when I requested a refund.  He refused to provide his last name, email address or any legal/corporate contact information to pursue legal recourse. 
Before filing a formal complaint with the AG's office, including small claims action, I am looking for a full refund of all monies deducted from my account to date.
Sincerely,[redacted]

No more payments will come out.

I am rejecting this response because: Their playing this down to a simple mistake which is so annoying and frustrating. It's called Fraud when a signed legal...

binding contract is altered without consent or knowledge. The back page of the contract shows a mile long list of legal jargon stating the seriousness of agreeing to a legal contract. The laws mentioned protect not only the business but the purchaser as well. Besides, their not the ones who informed me of their so called mistake. I found out days later when my bank account showed they took out every penny from my checking acct. and the remainder from my savings acct. causing a $6.00 overdraft charge which they still owe me. This offense is grounds for termination for the offender, not just a slap on the hands. Plus their actions raise concerns that other innocent members have had or could have their contracts altered behind their back like what happen to me. Their business license should be marred and their rateings should reflect a warning to future members. I'm 69 yrs old so I don't have [redacted] but there should be a way to warn the public on how they do business.

Initial Business Response /* (1000, 5, 2015/06/17) */
In regards to [redacted] #XXXXXXX member sign up on February 15,2014 and initial and sign agreement with us to bill her monthly $14 a month and with an annual fee of $29. Member paid up front $42 sign up fee not $72. This will be members...

second time getting charge an annual fee. First charge was on June 15,2014 and recently on June 15, 2015. Member was inform on what she sign and initials.
Initial Consumer Rebuttal /* (3000, 7, 2015/06/18) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This is not true I psid $72 dollars down and was not informed about the annual fee or even given a notice they took money out of my account without my authorization

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below:
You say that is what your staff is trained to do but it's not what they do and what they did in our case. Even if my contract states what you have written I did not have access as I was in the middle of a move THIS IS WHY I CALLED AND ASKED YOUR STAFF. There should be a reasonable expectation for your staff to tell the truth about how to cancel and not as you con artist put '  you can come into the facility and cancel' when I asked you if I could mail it!! This is a blatant trick that could have been resolved by answering the question with the fallowing answer that involved these components...Yes you can mail in your cancellation notice as it states it in your contract.....you could've said this and put the same effort in this answer  to me when I inquired initially like you are vigorously trying to do now because I'm holding your companies feet to the fire as your practices are deceptive! I want my $12 back! Best Regards,
[redacted]

Member cancelled membership on 1/11/2016. The last billing date should have been 01/15/2016. She was mistakenly charged again for February dues on 02/15/2016. Member contacted myself (billing manager) and I offered a refund to her that would take 30 days at the most to receive. Member stated that...

the money was needed sooner than that and she would proceed to dispute the charges with her bank. I advised her to contact me again if she is unable to dispute the charges with her bank and from that point, I would send the request for a refund to our corporate office. I did not hear anything else regarding this member until after march billing. I received a note from an employee stating that she was charged again on 03/15/2016. At that time, I sent a refund request to our corporate office in the amount of $24 for the overcharges in February and March. I am unaware of the conversation that took place with our general manager and I do apologize for what seemed to be harsh. That is not how we intend to conduct our business. He is accurate by stating that he was unable to access that information. I am the only one with accessibility to those records. I understand your frustration and apologize that it had to get to this point for you to feel like you have been heard. Thank you for your honest feedback regarding our company.

I am rejecting this response because: The manager of this business was extremely rude and unprofessional! He stated that, in order to stop the charges, I would have to send a letter canceling my membership. I am not a member, nor have I ever been, and I told him this. How can I cancel a membership that I have never had? He said, "Too bad, that's our policy!" I have since informed my financial institution of these fraudulent charges, and they will no longer be deducted from my account.

To Whom It May Concern,
 
I am writing on behalf of a customer complaint filed by [redacted], ID #[redacted]. When we began selling memberships in mid-June, we never promised any prospective members an exact opening date; all we had was a projected date due to the fact that we had to...

comply with city permits and such in order to open. We notified all of our members via an automated telephone call that we were open on November 1st, 2014. We bill our members automatically on the 15th of every month, which is stated on line 7 of their agreement.  Each member pays first and last month's dues upon enrolling. Since we opened the beginning of November, their automatic debit began November 15th- if we did not bill our members that month; their first charge would not have taken place until December 15th, giving them an additional 15 days to use the facility  free of charge. Their first month paid up front was for the month of November and November's billing was for the month of December and so forth. [redacted] and her daughter signed up for a $12 a month membership without any restrictions. The $9 membership in reference is an "alternate day" membership, giving our members a choice of 3 days out of the week to work out, either M/W/F or T/TH/Sat. The "alternate day" membership is stated on all of our advertising for that particular promotion.
The billing company that we use charged our members twice for their monthly billing in January in error and then immediately reversed the charges once they had noticed. Any members who had issues with their banks, we eagerly wrote a letter to them asking them to waive their late fees/NSF charges. If that was unsuccessful, we refunded our members the amount of the fees incurred due to our mistake.
The Annual Fee is an automatic debit that comes out in addition to each member's monthly dues on January 15th. We go over this very thoroughly with our members and require their initials on line 8 of their agreements stating that they have read and understand it: that "regardless of the date of this Agreement" each member will be charged the Annual Fee in January of each year. Paragraph 15 of our Agreements outline our cancellation policy: "Member may notify Fitness 19, in writing, at any time, of its desire to terminate this membership. After Fitness 19 receives Member's written notice, one more EFT billing will occur on the EFT billing date stated in Paragraph 7. Member's privileges will continue for 30 days beyond the date of the last EFT billing. If Member paid the last month's dues upon joining, Member may elect to either continue its membership privileges for an addition 30 days (a total of 60 days beyond the date for the last EFT billing)..." We also require initials from our members indicated that they have read and fully understand our cancellation policy.
Fitness 19 has acted in accordance with our Agreements and we go over our Membership Agreements as thoroughly as possible with our members and give them a copy of their Agreements for their records. As for the Manager offering to refund [redacted] some of her money back if she transfers her membership- he was merely extending a courtesy to her.
I hope that this will help clarify all of these issues at hand. If you need me to provide a copy of [redacted] Canes' Membership Agreement, please let me know and I will happily provide that for you. Please contact me with any further questions or comments. Thank you for your time.
 
 
[redacted]

MEMBER NEVER CAME IN TO CXL MEMBERSHIP MEMBERSHIP IS UNDER [redacted] SHE CAME IN TO CXL PT EFT COULD NOT CXL DO TO OUR 5 DAY CXL AGREEMENT I WAS ABLE TO CXL ANY PERSONAL TRAINING GOING FORWARD SHE WAS CHARGE FOR PT MEMBERSHIP AND PASS DUE BALANCE BUT WAS DECLINE AND RAN ONCE AGAIN ON...

04/25/2017 I INFORMED MEMBER I WAS NOT ABLE TO CXL MEMBERSHIP BECAUSE OF BALANCE UNTILL IT IS PAID OFF THIS WAS ALL AGREED ON HER MEMBERSHIP

Hello
 
The only complaint that I have to add to my original one that was dated a couple of weeks ago (I just wanted the money they debited from my account back. Which I had since received.) now I had received a bill stating that I owed them about $50 in back dues when my account should have been closed. For some reason they have me listed as "[redacted] on the account. There is another account with them under [redacted] and that one is my mom's. Her account should remain open and active. I had received a text message from them last week stating that I needed to call them immediately. That was when I found out the money owed and that my account was still active when it should have been closed as if the first week of July, 2014. They took my info and have not heard back from them either way on where my account stood.

Business Response to a Complaint Complaint ID#: [redacted] Company Name: FITNESS 19 Company Contact: [redacted] Company Phone: ###-###-#### Company Email: [redacted] Person Who Sent the Complaint: [redacted] Staff Member: ...

Response: [redacted] and her husband had a membership at our club which they a to have cancelled around 6 months prior to contacting us. We did not have a cancellation on file for them, and as procedure asked if they had filled out our cancellation form. Mr. [redacted] said he had so we had requested him to find his copy (as all our cancel forms are 2 part forms; 1 for us and 1 for the member) since we had no record of it. At the time he contacted us he could not find it but told us which manager had processed his cancellation. From there we received conflicting stories from 2 managers and [redacted], but we stayed in contact to let [redacted] know that we were trying our best to help him out considering what we had to go by. In the end, [redacted] did come in to sign a cancellation form, but the form had a different name, different member ID #, and different membership rate that did not match the [redacted]'s membership. All the information (besides Mr. [redacted]'s signature) did match a current member, so that member's membership was cancelled (by mistake). Below is our response to [redacted] as we have cleared everything up. [redacted], I just left you a voice message but THANK YOU for finding this form!!! This is exactly what we needed! We do have a member by the name of [redacted] XXXX and his monthly rate is $17 and his member # matches what is also written on the form you signed, so his cancel was processed instead of yours. He is fortunately a member that checks in regularly so we were able to reinstate his membership cause he said he never signed a cancellation form. This all makes sense to us now being that it was YOU and your wife that were supposed to be the cancelled ones and not [redacted] XXXX. [redacted] XXXX’s paper work was pulled and the “[redacted] XXXX” cancellation was processed as the form stated. I do apologize, but hope you understand why we could not verify your cancel. I will say, we appreciate how nice and patient you have been in handling this whole situation. We did receive a “complaint” from the Revdex.com from [redacted], and I haven’t replied to the complaint as we were still working on resolving this with you. I hope she understands how this was not intentional and was clearly an honest mistake. While we do understand her frustration in what she wrote, we apologize that you felt “insulted by how your complaint has been handled.” We also never called you or her a liar, we just had several conflicting stories that we were trying to get straight before handing a check over. We were doing our best in trying to get everything straightened out for you, checking our records, and being out of town when we first learned of the cancel it was hard for us to give you a definitive answer. Again, I do respect her anger and frustration but based on what was written on the cancellation form, I hope she can reconsider her statement to the Revdex.com in why your paper work and cancel was never processed by us. We were just going by what was signed on the form. It’s great that you have this form though, cause when we respond to the Revdex.com we’ll be able to respond with the correct information/dates. Thank You! I am so happy though that we can get you guys taken care of, and hope we can put this all behind us and move forward! Would you like the check made payable to you or [redacted]? Also, I can mail you the check (just let me know where to mail it) or if you’re in the area and would rather pick it up, I can have it ready for you as early as tomorrow, Thursday the 7th. Just let me know! Sent on: 1/8/2016 3:04:49 PM

Initial Business Response /* (1000, 5, 2016/05/25) */
Member came in and canceled membership Friday 5/20 and was made aware of the 30 day cancelation policy. If the $29.95 annual fee falls within the cancelation month member is still required to pay the annual fee. Members annual fee is due on...

6/15. Member paid the $29.95 annual fee last year on 6/15/15 and is aware of the fee. Member purchased addional training services above the standard month to month membership for the addional money she spent with fitness 19. She used all of the addional services she purchased with the club.
Initial Consumer Rebuttal /* (3000, 7, 2016/05/26) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Yes I'm fully aware the fees and asked for a waiver but can now see Fitness 19 is not capable of helping any of there customers rather Fitness 19 is more about doing customers wrong and cheating them out of money and not working with them. Again because I was 5 days late canceling due to MOVING! Which is stressful.
For Fitness 19 not to be understanding to a great customer that spent quite a bit of money with their company shows exactly the kind of crappy attitude and poor customer service they provide. Thanks again for nothing.

To whom it may concern,We apologize that this customer continued to receive text messages after unsubscribing. We have contacted our text messaging company and had this customers number removed off our contact list.Sincerely,Fitness 19 Management