Alliance Tool & Design

Sent: Tuesday, February 02, 2016 10:06 AM To: drteam <[email protected]> Subject: Business Response -Re: Revdex.com of Houston and South Texas- Complaint regarding Your Business [redacted] We are very sorry to hear that [redacted] is having trouble with the services...

provided by Fitness Connection however our research does not find any record of a cancellation request for this account nor any notes of her contacting our office to discuss the account.  In the event that Fitness Connection does not receive any written notice mailed to us we are happy to extend a courtesy of reviewing proof of mailing notice [redacted] and make any account adjustments necessary based on that proof.  If this notice was provided in the facility, which as a prior [redacted] member was allowed, the proof would be a cancellation form.  If [redacted] can forward the necessary proof that her request did not get processed in error we are happy to make any necessary accounting adjustments.  In the interest of customer service we have terminated the account for any future billing however without the necessary documentation proving a prior cancel request at this time we cannot grant a refund.

Sent: Thursday, June 09, 2016 10:56 AMSubject: Business Response - Re: Revdex.com of Houston and South Texas- Complaint regarding Your Business #[redacted]
Console';">We are very sorry to hear that Mr. [redacted] no longer feels Fitness Connection can assist him with his health and fitness needs as well as his overwhelming negative opinion of our business.  Due to his obvious level of frustration Fitness Connection, although under no legal obligation to do so, has decided to accept his emailed notice and not require him to send the request in compliance of the agreement that he signed. When Mr. [redacted] became a member and by signing his membership agreement he agreed to provide a 30 day written notice which is required to be mailed in order to discontinue the services that were purchased, and is clearly explained in the agreement.  The purpose of our membership agreement is to inform members of their obligation as well as provide information to them.  Our members very simply mail written notice at any time to discontinue the services they purchased.  The 30 day notice is standard business practice in most industries which ensures any billing returns are received prior to termination as well as allowing all requests sent are processed in order of receipt based on the postmark date on the envelope stamped by the [redacted]. Our account records do indicate that Mr. [redacted] sent an email to our third party billing company requesting his account be cancelled at which time a response was sent to inform him of the procedures in compliance of the agreement that he signed. At this time we respectfully request that this file be closed as resolved, removed as unfounded or that Mr. [redacted] forwards valid proof of mailing in order to support his dispute.

Sent: Wednesday, April 13, 2016 10:47 AM Subject: 2nd BUSINESS RESPONSE Re: Revdex.com of Houston and South Texas- Complaint regarding Your Business #[redacted] Again we are sorry to hear that Mr. [redacted] is unhappy with the policies and procedures of Fitness Connection however that in no way constitutes a valid consumer complaint. Fitness Connection representatives properly assisted Mr. [redacted] each time he called our offices by providing the information requested.   There are no requirements to mail procedures out policies/steps to any consumer by any business.  The terms were provided in his membership agreement as well as verbally.  Even after being provided the information Mr. [redacted] refused to follow the procedures to date by mailing the required 30 day written notice. In reference to Mr. [redacted]’s comment of “Would you provide proof of using your facility even once?”  Membership with any health club is not contingent upon usage.  The services are provided by the health club making the facility available for the consumer to use, however no business can force a consumer to utilize the services that they purchased. Mr. [redacted] has failed to follow the terms of the agreement for the services that he purchased and has not provided any tangible evidence to support his claim against our business nor has he even attempted to state to the Revdex.com that he sent the notice required.  We continue to respectfully request that this file be removed from our record altogether as it is not within our control that a consumer decides they will not follow the terms of the agreement for services that they purchased and authorized and will not provide any evidence to support his complaint to your offices.

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.  
[Provide details of why you are not satisfied with this resolution.]
Regards,
  Being told they would only work with me or waive late fees if we wouldn't cancel is a terrible sales tactic.   I would have stayed as a member had they done the right thing.  I paid the actual past dues on my wife's account.  I want them to allow her cancel the membership immediately.

We are very sorry to hear that **. [redacted] disagrees with the policies/procedures of Fitness Connection, a private members only facility.  When he became a member he agreed to provide a 30 day written notice which is required to discontinue the services that were purchased, and is clearly...

explained in the agreement.  The purpose of our membership agreement is to inform members of their obligation as well as provide information to them.  Our members very simply give written notice at any time to discontinue the services they purchased.  The 30 day notice is standard business practice which ensures any billing returns are received prior to termination as well as allowing all requests sent are processed in order of receipt based on the post[redacted] date on the envelope stamped by the [redacted].  There is not any business that you can demand the services be cancelled after you are given notice that you have a delinquent balance.Additionally please note that the monthly fees paid to Fitness Connection are for the facility to be available to our members, it is in no way based on usage nor can any business force their members/clients to use the services that they purchase and said fees are the responsibility of the individual members to ensure are being paid to each service provider.  After receiving an email regarding the delinquent balance of his account #[redacted] and his [redacted]’s account #[redacted] he “replied” on that notice dated [redacted] stating to cancel the accounts.  A reply was sent to the member informing them of how to properly request the cancellation of both membership agreements.  Additionally provided was detail of how to proceed with account correction if they had in fact previously sent the appropriate request and had proof that could be provided.The delinquent accounts were turned over to a third party collection company on [redacted] because the accounts remained delinquent.As **. [redacted] commented that our newest location was not open in [redacted] of [redacted] we would also like to state that our newest location in the [redacted] area was open.  In fact the monthly membership fees did not begin being charged to our members taking advantage of our “pre-sale rates” until [redacted] as that is the date that the facility opened.  We find nothing in our research indicating any violation by Fitness Connection to warrant a negative rating based on this case; all account activity is in direct compliance of their signed/authorized membership agreements, therefore we respectfully request that any negative [redacted] be removed and the case be closed as resolved.                                         ...⇄                 Respectfully,Fitness Connection

Sent: Tuesday, January 26, 2016 2:05 PMSubject: Business Response - Re: Revdex.com of Houston and South Texas- Complaint regarding Your Business #[redacted]   Ms. [redacted] has been a valued member of Fitness Connection since July of 2011.  We are very sorry to hear that she now disagrees...

with the policies/procedures of Fitness Connection.  We find nothing in our research indicating any violation by Fitness Connection to warrant a negative rating based on this case. Unfortunately there are costs involved when an electronic file is returned unpaid and additional fees to reprocess manually, those fees are billed to the business even when the businesses authorized fees are not paid.  The fees that Ms. [redacted] mentions in her complaint are not actually billed by person (double billed as she states); they are different fees for different services of collecting the funds and the return of funds.  Shown below… Although not Fitness Connections responsibility, attempts were made to contact Ms. [redacted] regarding her balance and/or notices sent; all contact made to phone numbers and/or addresses provided by the member and many times they do not update when they have changes. Contact attempts shown below…             4/8/15 @ 12:16PM – phone call not answered or returned                         4/13/15 at 12:44P - phone call not answered or returned                         4/22/15 at 9:36AM - phone call not answered or returned                         5/06/15 at 9:29AM - phone call not answered or returned                         5/12/15 at 10:11AM - phone call not answered or returned                         5/20/15 at 9:32AM - phone call not answered or returned                         6/19/15 at 3:41PM - phone call not answered or returned At this time Fitness Connection respectfully request that any negative mark be removed and the case be closed as resolved.

Sent: Wednesday, May 06, 2015 12:14 PM To: drteam Subject: Business Response - [redacted] – [redacted]   We are very sorry to hear that [redacted] disagrees with the policies/procedures of Fitness Connection, a private members only facility and if she feels her experience with our team was...

anything other than professional.   When she became a member [redacted] agreed to provide a 30 day written notice which is required to discontinue the services that she purchased, and is clearly explained in the agreement that she signed.  The purpose of our membership agreement is to inform members of their obligation as well as provide information to them.  Our members very simply give written notice at any time to discontinue the services they purchased.  The 30 day notice is standard business practice which ensures any billing returns are received prior to termination as well as allowing all requests sent are processed in order of receipt.     Account events below:                                     ...⇄ 12/18/14 [redacted] called to check status of accounts; representative confirmed account was current with a zero balance12/22/14 [redacted] called one of our account experts very upset at being charged a fee on the two accounts that she did not agree with and at that time she demanded to cancel both memberships.  The representative explained the cancellation procedures however in an effort to please [redacted] they offered to give both her and her husband a FREE month which she accepted12/22/14 [redacted] demanded copies of the agreement which were provided3/16/15 [redacted] called our account experts claiming to have sent a notice to cancel her account in February however upon being informed that no such notice was received and asked for proof she could not produce it and we let her know that without receiving the required notice or proof that notice was sent that she would need to send a written request to terminate; at that time she refused to send notice and demanded the accounts be terminated over the phone or she would file a report with the Revdex.com.4/16/15 we placed a call to [redacted] regarding a delinquent balance and she refused to pay it.Fitness Connection received the required 30 day written notice to terminate the memberships postmarked by the United States Postal Service 4/14/15, which was processed in direct compliance of the agreement Again, we are truly sorry that [redacted] does not agree with the terms of the agreement; however her request to issue a refund as her desired settlement will not be granted as there is nothing in her account history indicating any errors were made.  We are more than happy, as our representatives have already explained to her, to review proof of cancellation sent prior to the one notice received by our offices.  Currently both accounts have delinquent balances and as they are no longer active will be turned over to a third party collection company, also explained in the agreement. We find nothing in our research indicating any violation by Fitness Connection to warrant a negative rating based on this case and in light of the research showing every effort and courtesy was extended to [redacted] and she still was not satisfied we respectfully request that this case be closed as resolved.                                         ...⇄ Respectfully, Fitness Connection

Sent: Monday, January 23, 2017 11:53 AMSubject: Business Reply: Re: Revdex.com of Houston and South Texas- Complaint regarding Your Business #[redacted]   Mr. [redacted] had been a valued member of Fitness Connection since November 3, 2015 and we are sorry to hear that he now...

disagrees with the terms of his agreement and/or services with Fitness Connection.  When Mr. [redacted] became a member and by signing his membership agreement he agreed to provide a 30 day written notice which is required to be mailed in order to discontinue the services that were purchased, and is clearly explained in the agreement.  The purpose of our membership agreement is to inform members of their obligation as well as provide information to them.  Our members very simply mail written notice at any time to discontinue the services they purchased.  The 30 day notice is standard business practice which ensures any billing returns are received prior to termination as well as allowing all requests sent are processed in order of receipt based on the postmark date on the envelope stamped by the [redacted].  In the event that Fitness Connection does not receive any written notice mailed to us we are happy to extend a courtesy of reviewing proof of mailing notice (via [redacted] receipt, [redacted], [redacted], etc.) and make any account adjustments necessary based on that proof.To date the only written request received regarding this account was postmarked by the [redacted] on July 20, 2016 which was processed in direct compliance of his agreement.In May of 2016 Mr. [redacted] authorized billing returned marked by his banking institute as “Do Not Honor” and in June of 2016 he began requesting chargebacks from his banking institute for Fitness Connection authorized billing.  This was with no prior contact to our offices regarding his account or Ms. [redacted]’s that has the same authorized billing information.On 7/18/16 at 6:17PM our billing specialist had a conversation with Mr. [redacted] where he stated he sent a letter at which time he was informed that we had no request on file however we would be happy to research.  Mr. [redacted] refused to provide proof, was very argumentative and refused to listen to the information being provided.On 7/18/16 at 6:26PM Mr. [redacted] called back speaking to another representative demanding to have all charges removed from his account and refusing to send written notice to cancel his membership.On 7/18/16 at 6:40PM Mr. [redacted] called again to dispute the authorized billing at which time it was suggested that he visit one of our facilities to speak with a manager face to face to attempt to assist him further. On 7/21/16 at 3:45PM our billing office received a voicemail from Mr. [redacted] stating he had sent a cancellation for him and his wife and they were still being charged.  The representative called back and left a voicemail advising the member to provide proof of prior cancel as had been suggested before in order for us to further investigate his account concerns. (His request had only been sent the day before therefore it was not received at the time of this call)On 7/29/16 at 8:30PM our billing office attempted to call the member regarding his balance with no answer.An additional comment made by Mr. [redacted] which is very concerning is his report to the Revdex.com that he has paid “more than 2,000…” to our business which is grossly inaccurate.  Mr. [redacted] account has processed payment to Fitness Connection totaling $202.38 and Ms. [redacted]’s account has processed payments to Fitness Connection totaling $148.38…these payments do not include the authorized billing that was returned unpaid or chargebacks submitted.Fitness Connection has attempted on multiple occasions to assist Mr. [redacted] with his account concerns only to have him refuse follow the terms of his signed agreement.  Upon completing an account investigation we find no error on the part of Fitness connection therefore at this time we respectfully request that this file be closed as resolved, removed from our business file as unfounded or that Mr. [redacted] forwards proof of mailing his request to cancel prior to the date of any owed balances in order to support his claims.

Sent: Thursday, April 14, 2016 3:08 PM Subject: Business Response -Re: Revdex.com of Houston and South Texas- Complaint regarding Your Business #[redacted] When Ms. [redacted] became a member and by signing her membership agreement she agreed to provide a 30 day written notice...

which is required to be mailed in order to discontinue the services that were purchased, and is clearly explained in the agreement.  The purpose of our membership agreement is to inform members of their obligation as well as provide information to them.  Our members very simply mail written notice at any time to discontinue the services they purchased.  The 30 day notice is standard business practice which ensures any billing returns are received prior to termination as well as allowing all requests sent are processed in order of receipt based on the postmark date on the envelope stamped by the [redacted]. To date we have no record of receiving any written requests regarding this account.  In the event that Fitness Connection does not receive any written notice mailed to us we are happy to extend a courtesy of reviewing proof of mailing notice (via [redacted] receipt, [redacted], [redacted], etc.) and make any account adjustments necessary based on that proof.  Our account records do not indicate that any request has been received from Ms. [redacted]; if she has proof of mailing we will be happy to review, validate and make any necessary account adjustments. Account notes indicate that she was informed of her balance via phone on June 25, 2015 and again on July 8, 2015 stating to the rep that she would pay later both times, therefore we are confident that she was aware of the delinquency well in advance of the account being turned over to a third party collection company. We understand and are sorry that Ms. [redacted] is upset regarding the status of her account however at this time we find no indication that a violation or accounting error was made by Fitness Connection; therefore at this time we respectfully request that this file be closed as resolved, removed as unfounded or that Ms. [redacted] forwards valid proof of mailing in order to support his dispute and make any necessary account corrections.

Sent: Tuesday, December 22, 2015 1:44 PMTo: drteamSubject: SECOND BUSINESS RESPONSE - Re: Revdex.com of Houston and South Texas- Complaint regarding Your Business #[redacted]  
We are very sorry to hear that Mr. [redacted] is frustrated that he cannot disregard the terms of the agreement that he signed however the same policies/terms apply to every member that joins Fitness Connection; just as they apply to any consumer that purchase goods/services from any other business.   The fact that Mr. [redacted] does not want to provide proof of his claim of prior cancel and that he continues to state he will not follow the proper procedures is not within the control of any business.  We continue to respectfully request that this file be closed as resolved, removed as unfounded or that Mr. [redacted] forwards valid proof of mailing in order to validate his dispute.

From:
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Sent: Thursday, August 18, 2016 2:28 PMTo: drteam <[email protected]>Subject: Business Response Re: Revdex.com of Houston and South Texas- Complaint regarding Your Business #[redacted]   Mr. [redacted] has been a valued member of Fitness Connection since June 18, 2015 and we are sorry to hear that he now disagrees with the terms of his agreement and/or services with Fitness Connection.  Please note that Mr. [redacted] states in his complaint the purchase date was 7/2/16 however he has actually been a member of Fitness Connection since the June 2015 date mentioned above. When Mr. [redacted] became a member and by signing his membership agreement he agreed to provide a 30 day written notice which is required to be mailed in order to discontinue the services that were purchased, and is clearly explained in the agreement.  The purpose of our membership agreement is to inform members of their obligation as well as provide information to them.  Our members very simply mail written notice at any time to discontinue the services they purchased.  The 30 day notice is standard business practice which ensures any billing returns are received prior to termination as well as allowing all requests sent are processed in order of receipt based on the postmark date on the envelope stamped by the [redacted].  In the event that Fitness Connection does not receive any written notice mailed to us we are happy to extend a courtesy of reviewing proof of mailing notice (via [redacted] receipt, [redacted], [redacted], etc.) and make any account adjustments necessary based on that proof. To date the only written request received regarding this account was postmarked by the [redacted] on 8/2/16 which was processed in direct compliance of his agreement; all valid charges owed were prior to his notice of cancellation.  In July of 2016 Mr. [redacted] removed authorization with his banking institute of Fitness Connections authorized fees per his agreement.  This action is what caused the authorized billing to be returned unpaid in July and August; all monies owed were valid prior to him giving his 30 day notice of cancellation. At this time we respectfully request that this file be closed as resolved, removed from our business file as unfounded or that Mr. [redacted] forwards proof of mailing his request to cancel prior to the date of any owed balances in order to support his claims.

We are very sorry to hear that **. [redacted] disagrees with the policies/procedures of Fitness Connection, a private members only facility.  When he became a member he agreed to provide a 30 day written...

notice which is required to discontinue the services that were purchased, and is clearly explained in the agreement.  The purpose of our membership agreement is to inform members of their obligation as well as provide information to them.  Our members very simply give written notice at any time to discontinue the services they purchased.  The 30 day notice is standard business practice which ensures any billing returns are received prior to termination as well as allowing all requests sent are processed in order of receipt based on the post[redacted] date on the envelope stamped by the [redacted].  There is not any business that you can demand the services be cancelled after you are given notice that you have a delinquent balance.
Additionally please note that the monthly fees paid to Fitness Connection are for the facility to be available to our members, it is in no way based on usage nor can any business force their members/clients to use the services that they purchase and said fees are the responsibility of the individual members to ensure are being paid to each service provider.  
After receiving an email regarding the delinquent balance of his account #[redacted] and his [redacted]’s account #[redacted] he “replied” on that notice dated [redacted] stating to cancel the accounts.  A reply was sent to the member informing them of how to properly request the cancellation of both membership agreements.  Additionally provided was detail of how to proceed with account correction if they had in fact previously sent the appropriate request and had proof that could be provided.
The delinquent accounts were turned over to a third party collection company on [redacted] because the accounts remained delinquent.
As **. [redacted] commented that our newest location was not open in [redacted] of [redacted] we would also like to state that our newest location in the [redacted] area was open.  In fact the monthly membership fees did not begin being charged to our members taking advantage of our “pre-sale rates” until [redacted] as that is the date that the facility opened.  
We find nothing in our research indicating any violation by Fitness Connection to warrant a negative rating based on this case; all account activity is in direct compliance of their signed/authorized membership agreements, therefore we respectfully request that any negative [redacted] be removed and the case be closed as resolved.
                                        ...⇄                 Respectfully,
Fitness Connection

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.  
I feel a refund is warranted because Fitness Connection had 2 years to take out this fee. They have been consistently charging my card the normal membership fee every month so why wasn't the fee taken out in 2015? I will keep complaining until this is explained to me and refunded. I do not understand why it has taken them almost two years to take out a late fee when they could have done it in 2015. They had the correct billing information because I continued getting charged and paid the monthly fee. This is horrible business service and the contract said nothing about waiting two years to take a late payment charge out of my account. 
Regards,
  [redacted].

We have already spoken with Ms. [redacted] and settled this complaint.