Asphalt Repair, Inc.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

I am the assistant to Stuart S[redacted], Esq., General Counsel of Town Sports International, LLC (“TSI”).  I submit this correspondence in response to the complaint regarding the above-referenced matter. ...

                 Initially, upon our receipt of this complaint, as is our custom and practice, we immediately reached out to [redacted] and attempted to resolve the matter.  Indeed, we immediately credited her account for each of the $10.00 rate increases.  We have also processed her cancellation request and refunded her dues or June 2017 and, as a courtesy, we waived the cancellation fee required under [redacted]’s Membership Agreement.  We believe this matter should now be resolved.               However, I point out that like other businesses, TSI must from time to time increase prices in order to offset rising costs and remain competitive.  Without such increases, TSI could not remain in business.  This would result in the loss of over 7,500 jobs in the New York State area.  Most importantly, there is no language in [redacted]’s Membership Agreement that prevents TSI from increasing its price in connection with her membership. Indeed, this Membership was on a month to month basis, cancellable by other party and subject to monthly change in terms.  To this fact, there can be no issue.                  For the foregoing reasons, we respectfully request that this matter be closed without further ado.               Thank you for your time and attention.  Should you have any questions or require additional information, do not hesitate to contact me at ###-###-#### or [redacted]

On 10/*/16 [redacted] enrolled into a Neighborhood membership with a monthly rate of $19.99 and a $69.99 Annual fee. As it states in the attached contract, the Annual fee is charged on the anniversary of the enrollment date every year. Since [redacted] enrolled on 10/*/16, the Annual fee will bill on...

every October 10th as long as the membership is active. As our monthly charge is automatically taken, the Annual fee is also taken automatically. The Annual fee is a term of the membership and we do not notify members when it is about to bill. This is all discussed at enrollment when the contract is signed. All members also have the ability to freeze their memberships. There is a $15.00 freeze fee instead of the full monthly dues and members can start the freeze whenever they would like. The freeze must be in 30 day increments. There is no record that [redacted] ever requested to freeze her membership. There is no refund warranted. All charges are valid.

We increased [redacted] membership rate from $19.95 to $29.95 effective 1/*/17. We sent email notifications of the increase 30 days prior to the effective date. All members are subject to an annual increase in their monthly rate once per year. [redacted] called Member Services on 1/**/17 wanting to...

cancel the membership. [redacted] was advised that the cancellation could not be completed over the phone with Member Services and directed to go to the club in person to cancel. Members also have the option to send a letter by certified mail. We have no record that [redacted] ever went into the club to cancel therefore the membership remained active. At this time, we have processed an immediate cancellation of the membership. We did provide a refund of $34.12 based on the fact that [redacted] paid for February and March but those payments declined. Therefore [redacted] needs to pay the $34.12 that was refunded to her as well as a $29.95 cancel fee.

We received [redacted]'s request to cancel on 9/**/17. The cancellation has been processed according to the terms of the membership. There is a 30 day notice to cancel therefore the membership will cancel effective 10/**/17. There will be a final prorate of $31.93 billing on 10/*/17 as the final payment.

In reviewing the membership notes, it was determined the $39.95 should be returned to the member. A refund has been submitted for the membership. This will typically post in 1-3 business days and then will be recognized by the banking organization within 1-30 days depending on their policies....

Traditionally it reflects within 3-7 business days.

I have contacted [redacted] by email to advise. [redacted] enrolled into a new promotional membership. In order to enroll into the promotional membership, there was a $10.00 joining fee. Also any time a member changes there membership, they have to pay the Annual fee for the new membership. The $69.99 charge is the Annual fee. These are valid charges which cannot be refunded.

We have advised several times that there is no refund warranted. There is no record that shows, the membership should have been changed and due to an error on our part it was not processed. Either the member changed his mind about changing the membership or the billing information did not work. As explained prior, there was no payment for the new annual fee, the member updated the billing to pay the $74.99 balance and paid this rate each month. We cannot refund any charges due to the member's attempt to change the membership. We have exhausted our stance in the matter. Unless new information is provided, there is no need for further response.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.  It is reflected on my credit card statement.
Sincerely,
[redacted]

We have provided both membership contracts for [redacted]. Both members enrolled on 6/**/16 and paid the Annual fee at enrollment. Per terms of the membership, the Annual fee bills at enrollment and every year on the enrollment anniversary date. Since both memberships were...

active on the anniversary date 6/**/17, they were charged for the Annual fee. We would not send notification that the Annual fee would bill, since it is a term of the contract. There is no refund warranted.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

My account was not credited $10.00 increase (there was only one). I was not refunded my dues of June 2017. If required, I am willing to provide my credit card statements as a proof. I asked to get refund of $59.99 - annual maintenance fee because I was not informed properly. If I knew that my monthly fee would increase by $10.00 in advance, I would cancel my membership before my year anniversary and wouldn't pay the annual fee.  I am not sure what cancellation fee the business waived as a courtesy because according to my agreement, I am not supposed to pay any fee for cancellation if I provide 30 days notice. As the business mentioned I had a month to month type agreement, not a Commit Membership Type which indeed requires $99.95 cancellation fee.  
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

We have reached out to the member directly to resolve this billing matter. Please see below and attached the breakdown of the charges.3/**/17 Annual fee $59.99 billing, we were unable to collect and when you provided a new card ending [redacted] we were able to process $74.99 which included a $15.00 late...

fee on 4/**/17. 3/**/17 Annual fee $59.99 (Aaron) we were unable to collect and when you provided a new card ending [redacted] we were able to process $74.99 which included a $15.00 late fee on 4/**/17. 4/*/17 April dues $29.99 billing, we were unable to collect until 4/**/17 totaling $44.99 including a late fee to the card ending [redacted]. 4/*/17 April dues $19.99 billing (Aaron), we were unable to collect until 4/**/17 totaling $34.99 to the card ending [redacted]. On 4/**/17 we billed you $149.98 to the card ending [redacted] two times. 4/**/17 we provided you with three refunds. First refund of $45.00 for three $15.00 late fees. Second refund of $59.99 for your Annual fee. Third refund of $59.99 for Aaron’s Annual fee. 5/*/17 billed May dues $21.93 which was taken out of your $149.98 pre-payment bringing it down to $128.05. 5/*/17 billed May dues $15.48 which was taken out of your $149.98 pre-payment bringing it down to $112.57. There was a balance on Aaron’s account from enrollment on 3/**/16 for the Annual fee totaling $74.99 which was taken out from your $149.98 pre-payment bringing it down to $37.58.  Therefore you are due a refund of $37.58 and $149.98 for the duplicate charge. A refund for these amounts have been processed today.

We have removed the balance of $179.97 from collections. This will not affect [redacted]'s credit. Please allow 3 to 5 business days for processing.

We apologize for any inconvenience. We have reached out to the member by email. We do not show there was a request to cancel the membership in July but we can confirm that the member's billing information was marked as invalid on 7/**/15. The member billed for August, September and October monthly...

dues of $29.95 as well as the $39.95 Annual fee. The membership was cancelled due to non-payment on 10/**/15. The member had spoken to a Member Services representative on 1/**/16, who offered to settle the debt in collections for a payment of $29.95. If the member requested to cancel on 7/**/15, there would have been a $29.95 cancellation fee billed on 8/**/15. Please refer to the attached the membership agreement. We can settle the debt of $129.80 for a payment of $29.95.

We have record that [redacted] enrolled into a membership on 8/**/17. We did receive his request to cancel on 8/**/17. Due to a processing error, the membership was not cancelled at this time. [redacted] was charged $10 to Join, $24.99 for September and a $59.99 Annual fee. We have processed an immediate cancel...

and a full refund of $94.98.The cancellation receipt is sent when a member requests to cancel, which is the member's record of the request. The receipt does state zero since it is not a billing. However it does state at the bottom of the receipt that the cancel terms will still apply.This matter has been resolved.

Jacob had began to contact us on 12/**/16 regarding cancellation. We had made many attempts to assist Jacob with cancelling but explained that he needed to pay the balance on the account. Jacob never paid the balance and the cancellation was never processed until February 2017 when he was three...

months past due. Any time a member is three months past due we cancel the memberships. Jacob owes a balance of $139.97. If Jacob would have paid the December balance and cancelled the membership on 12/**/16, there still would have been a 45 day notice according to the cancellation terms. We are willing to waive the February balance and any late fees. This would bring the balance to $79.98. This would be the best we could do to assist the member in resolving the debt. We would not waive any further of the amount due.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:
The funds are not in my account as of yet. Due to my history with NYSC I reject this resolution pending the deposit of the refund into my account.   
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

We have reached out to [redacted] directly in order to resolve his concerns. All members are subject to a dues increase each year. When the increase occurs, it is based on when the membership was enrolled. How much of an increase is determined by the membership type, rate and home club. Not all...

members are increased on the same date or in the same amount. In November 2016 [redacted]s rate increased from $54.95 to $55.95 and this November his rate increased from $55.95 to $65.95. [redacted] has changed to a Corporate membership with a rate of $49.95 and was provided a $49.95 credit towards next month billing.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]
 That is what I was told in the email, a copy of which I  sent to you, from your manager and then the amount owed doubled.  This is a sign of a company with any degree of truthfulness?  Sorry, I neither trust nor will do business with NYSC and will do everything I can to make certain that the word is spread.  
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]