Body By Discipline

 
RevDex.com:
Additional responses to Complaint ID ***
Issue No
They did not
offer a resolution for this issue:
Response NoThis customer’s membership is still available
for her use. She was never
informed that she could not use the gym.
This member was also offered the option of converting her January
membership dues into personal training sessions.
Issue No
The member said she did
not write the Cash Only/No Charge note on top of the Agreement
Response Issue
No
After further
investigation and research and discussing this issue with the representative
that assisted this member it was discovered to be true. Our representative did write this note
on top of the Agreement at the request of the member because the member told him
that she preferred to pay by cash.
However, our representative still explained to this member that she had
to bring in her monthly dues prior to the 15th of each month to
prevent the automatic EFT from processing. This member willingly gave her credit card information to Body by
Discipline to satisfy the EFT requirement.
Issue Three:
They also proved my
point when I said my card was not previously charged before I cancelled
01/15/
On 01/15/in the
morning when they claim my card was charged they were not aware I was planning
to cancel my membership
Response Issue
Three:
This is correct. Body by Discipline did not know that this
member was going to come in at 7:p.mto cancel her membership. Our banking and business services
transactions are done between the hours of 9:a.mto 5:p.m., just like any other businessA copy
of that transaction receipt is available and attached on page of our supporting documentation.
The receipt clearly shows the EFT process was done in the AM hours. Precisely, Ms***'s card was charged at 9:40:24am on January 15, 2014; well before the time in which she arrived at the gym that same day to advise she was cancelling her membership.
Issue Four:
The last two months on
the 15th of the month I was not charged and as he himself statedIf they
agreed I would pay cash as he stated that clearly means EFT was not an
acceptable form I agreed to.
Response Issue
Four:
No. That does not mean the EFT was not in
acceptable form. It actually meant
the contrary. The note on top of
the Agreement did not cancel out her authorization to deduct the membership
dues electronically.
As previously stated,
this member preferred to pay cash before the EFT was due. However, this never happened
It became clear to Body
by Discipline that this member never intended to pay her monthly membership
dues on the agreed due date. This
member’s contract has been in delinquent status each month since the inception of the
contract.
In fact, one of our
representatives tried to accommodate her preference. He would routinely pull her file and
give her a courtesy call prior to the EFT being processed.
However, this was never
a pleasant task for any of our
representatives. This
member was often rude, argumentative and complained often about the telephone
calls were too early. [Our
telephone records will reflect these calls]Instead this member would come in
whenever she wanted to pay her membership dues.
Issue Five:
How would he know if I
had additional bank charge as he is not on my banking account and cannot see if
I had any additional charges
Response to Issue
five:
This member stated she
is seeking reimbursement of an additional $33.00, for a bank charge in
additional to her January 15, membership dues This request was sent to us via letter from the member. She also lists this fee in your
complaint to the Revdex.com.
Issue Six:
I did not receive a
copy of the contract per his excuse because the printer was broken on
10/23/13. However when I
paid the rest of the installment on 11/05/13, I asked again and didn't get it
eitherI when I was there for other classes they could have given me one at
any timeAgain it proves I was not provided one because as I was told they
kept them internally
Response to Issue:
This was explained in
detailed in our first response to this member’s Revdex.com complaint. Unfortunately, this member does not understand our response. As previously discussed, our
printer/copy machine was down. It
had run out of toner on the same day this member signed up.
Shortly thereafter, we
replaced the toner and made a copy of this member’s contract and placed it
inside her member file folder, however, she never came back to pick up her
copy of the Agreement.
This member has had
several opportunities to pick up a copy of her signed agreement but failed to
do so
She had another
opportunity to pick up the copy on January 15, 2014, at 7:p.m., when she
came into the gym to cancel membership.
The following
day January 16, 2014, during one of our boxing classes, she returned to the gym
to obtain a copy of the signed Agreement and began to make serious
allegations about our businessShe began accusing my staff members of altering
her contract. She accused my staff
of removing the cash only/no charge note from the top of the agreement.
This was false, the
copy was just not perfect, unfortunately, the copier did not capture the note
on the top of the Agreement . This
member became agitated and started acting belligerent.
She began yelling at my
staff in front of other members and repeatedly accusing them of altering her
contract. She tried to physically
take the contract from one of our staff members and would not leave when they
asked to leaveTherefore, my staff had to leave my office to avoid any
additional confrontations with this member.
Later that morning when
I arrived at the gym and she approached me as I walked into the gym. She was clearly upset and spoke with a
raised voice. She was clearly obnoxious,
angry and impossible to reason with.
Upon her request, I
provided her with an additional copy of the Agreement. However, that’s was only the tip of the
iceberg. She began to rant and
rave that we illegally charged her card just because she cancelled her membership
[Not True--our receipt proves this not be true]
I informed her that I
was not going to argue with her and that if she wanted to dispute the charges
she should take it up with her financial institutionThey will handle it for
her
Instead, the member sent me a demand
letter requesting reimbursement for her January 15th membership dues, plus an
additional $for bank fees.
She also said that if we didn’t refund her money she would report our
business to the Revdex.com and Department of Consumer Affairs
Unfortunately, there
are people out there that don’t pay their bills on time. In fact, this member never intended to
pay her gym membership fees on time and that’s the reason I’m responding to
this Revdex.com complaint today.
She continuously failed
to uphold her part of the signed agreement wherein she agreed to pay her
membership by the 15th of each month. This member’s credit card was not charged in retaliation of her cancelling her membership as she
stated. This is an extreme
fabrication of the truth.
It is sad that in
today’s economy people like this are willing to defame a business by committing
libel on social media websites
This is interesting
because this is the same member that would ask our trainers to take photographs
of her with her cellular telephone while she hit the heavy bag or train in the
classes. (Odd request, but the
trainers always complied)
Issue No
Body By Discipline’s
contract does not say a person must cancel their contact a day earlier
Response Issue No
This was discussed
verbally with this member and that was the main reason our representative wrote
the cash only note on the top of the Agreement. This member willingly entered into a written agreement
with Body by Discipline wherein she agreed to pay her monthly fees on the 15th
of each month and per our arguments outlined in this response it is clear that that never happened.
Conclusion:
Therefore, the January
15, 2014, EFT charge in the amount of $was a legal and authorized charge
for this member’s January
membership dues. We are very
disappointed that *** * is attempting to extort an additional $charge for
a bank fee from Body by Discipline.
We are not responsible for this fee. Additionally, *** * posted online (via YELP) that she has overdraft
protection that would have covered her November and December membership dues
had they been processed via
EFT. By her own statements on publicized websites, she contradicts herself with regards to her own bank charges/protection
Regards,
*** ***, CEO

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.
They did not offer a resolution for this issue instead they lied and said I wrote No CHARGE CASH ONLY on the contract myself when it was their own employee who wrote it. They also proved my point when I said my card was not previously charged before I cancelled 01/15/14. On 01/15/14 in the a.m when they claim my card was charged they were not aware I was planning to cancel my membership. The last two months on the 15th of the month I was not charged and as he himself stated. If they agreed I would pay cash as he stated that clearly means EFT was not an acceptable form I agreed to. How would he know if I had a additional bank charge as he is not on my banking account and can not see if I had any additional charges. What this business did was illegal  and they are now trying to cover them self.  Again his response did not offer a resolution and the only acceptable resolution is a reimburment for the illegal transaction and the bank fee I was charged which totals to $98.00. Which doesn't even begin to cover the inconvenience and time I had and am continuing to go through first by getting another bank card and second the numerous calls to business I had to contact who are allowed to change my card.  I did not receive a copy of the contract per his excuse because the printer was broken on 10/23/13 However when I paid the rest of the installment on 11/05/13 I asked again and didn't get it either. I when I was there for other classes they could have given me one at any time. Again it proves I was not provided one because as I was told they kept them internally. His own response clearly shows they are making things up as they go along.  I have both copies of the contract they gave me on 1/16/14. I also do have a recording of an employee who said he did not give out a contract because he didn't know he should and finally Body By Discipline original contract which does not say a person must cancel their contact a day earlier.   Please respond in this space ONLY]
Regards,
[redacted]

Revdex.com
RE:          Complaint
ID No.  [redacted]
This purpose of this letter is to respond to the
above-referenced complaint.
   
Issue One: 
11/5/13 – Ms. [redacted]...

states she
rescinded her authorization for Body-By-Discipline to deduct her monthly membership
dues.
Response:
Ms. [redacted] did write Cash Only/ No
Charge on the top of her membership agreement.  Although   Ms. [redacted] promised Body
by Discipline that she would come in and pay cash before the 15th of each
month before the card would be charged.  Therefore, Body by Discipline
tried to work with  Ms. [redacted] when they allowed her  to pay cash for her
membership dues only if she brought them in prior to the EFT due date.
When Ms. [redacted] entered into the written agreement with Body- By- Discipline on October 23, 2013, she authorized Body by Discipline to deduct her monthly membership dues on the 15th of each month
starting on November 15, 2013.   At no time did she inform Body By
Discipline that she had a problem with the contract start date.  Ms.
[redacted] had the option of coming back at another time to sign her agreement
if that date due did not work for her.     However, Ms. [redacted] continuously failed to comply with her part of the agreement that she signed on October 23, 2013.  Instead, her monthly installments were late each month since the inception of her agreement.   Ms. [redacted] paid her dues on November 19 (4 days late) and this was three days after we gave her a courtesy call.  Additionally, Ms. [redacted] did not not comply with her signed agreement when she paid her December 15th installment on December 17, 2013 (2 days late).  Each time a staff member has had to contact her and inquire about her monthly installment.
Issue Two:
On January 15, 2014, at 7:03 p.m., Ms. [redacted] walked into Body-By-Discipline to cancel her B by D Membership which resulted in a bank charge. 
Response:
This allegation is untrue and was completely fabricated by Ms. [redacted].  On January 15, 2014, 9:20 a.m., Ms. [redacted]’s monthly membership dues were deducted
with our January 15, 2014, AM monthly draft.  It is Body by Discipline’s policy to draft membership fees via automatic debit twice monthly.  This process is routinely done in the early AM hours.  Therefore, there was no way possible Body by Discipline’s knew Ms. [redacted] intended to cancel her membership that same evening.   Therefore, Ms. [redacted] came back to
Body
By Discipline the following day and acted in a very rude and obnoxious
manner.  She created a very hostile environment for me and my staff.  She also refused to leave
the gym and began to and illegally record our staff with her cellular telephone.     
Issue Three:
I was denied a copy of my contract on October 23, 2013.  This is not true and a fabrication of Ms. [redacted].  Our printer was malfunctioning at the time Ms. [redacted] signed her agreement.  However, shortly when our printer was replaced a copy was made and placed inside her file folder.  Unfortunately, Ms. [redacted] never came back to inquire or pick up her copy of the contract until January 16, when she made the accusation that Body By Discipline
illegally charged her credit card because we were angry that she
cancelled her membership.  This is a false statement.   Unfortunately, Ms.
[redacted] did not believe that her EFT had been automatically
debited approximately nine hours before she came that day to
provide written notice of cancelling her membership.  She found it
more favorable to her to slander our business and to file frivioulous
complaints with the Revdex.com and Dept of Consumer Affairs.  We have tried to
work with this out with Ms.  [redacted], however but as I have indicated she would rather slander our business.

Review: I sihned up for a membership on 10/23/13 and had to pay first and last month fee for a total of $130.oo. On 10/23/13 I authorized EFT for my fees and on 11/05/13 I resinced that and it was noted on my contract ( NO CHARGE CASH ONLY) there contract says EFT fees deductions may begin on the above date (date noted on my contract is 11/15/13) and shall continue until my membership is terminated or cancelled in writing (which shall be considered a 30 notice of intent to terminate my membership) pursuant to the terms of this agreement, OR UNTIL I INFORM BODY BY DISCIPLINE TO DISCONTINUE EFT. on 11/05 when I pad my balance due for the start up membership it was noted. on 01/15/14 I cancelled my membership in person. That evening a charge was sent against my bank account which resulted in a bank charge. I was denied a copy of my contract on 10/23 and 11/05 and was told its a internal document and members are not given a copy. on 01/16/14 when I arrived at BBD to discuss this fee I was given a copy and the copy was altered. the owner came by 2 hrs later and I received another copy which had the no charge ash only notation. I was then told I ahd to come in sooner to cancel the membership. I explained I paid cash every time and at no other time was a charge ever done. they still had my last month fee that was paid a few months ago. I read the contract and it does not say I had to arrive a day before the 15th. My dues are due on the 15th but my membership is the 23rdDesired Settlement: refund of the 65 dollars and $33 bank fee. I understand the last month fee I paid at the beginning of my membership is non refundable

Business

Response:

Revdex.com

RE: Complaint

ID No. [redacted]

This purpose of this letter is to respond to the

above-referenced complaint.

Issue One:

11/5/13 – Ms. [redacted] states she

rescinded her authorization for Body-By-Discipline to deduct her monthly membership

dues.

Response:

Ms. [redacted] did write Cash Only/ No

Charge on the top of her membership agreement. Although Ms. [redacted] promised Body

by Discipline that she would come in and pay cash before the 15th of each

month before the card would be charged. Therefore, Body by Discipline

tried to work with Ms. [redacted] when they allowed her to pay cash for her

membership dues only if she brought them in prior to the EFT due date.

When Ms. [redacted] entered into the written agreement with Body- By- Discipline on October 23, 2013, she authorized Body by Discipline to deduct her monthly membership dues on the 15th of each month

starting on November 15, 2013. At no time did she inform Body By

Discipline that she had a problem with the contract start date. Ms.

[redacted] had the option of coming back at another time to sign her agreement

if that date due did not work for her. However, Ms. [redacted] continuously failed to comply with her part of the agreement that she signed on October 23, 2013. Instead, her monthly installments were late each month since the inception of her agreement. Ms. [redacted] paid her dues on November 19 (4 days late) and this was three days after we gave her a courtesy call. Additionally, Ms. [redacted] did not not comply with her signed agreement when she paid her December 15th installment on December 17, 2013 (2 days late). Each time a staff member has had to contact her and inquire about her monthly installment.

Issue Two:

On January 15, 2014, at 7:03 p.m., Ms. [redacted] walked into Body-By-Discipline to cancel her B by D Membership which resulted in a bank charge.

Response:

This allegation is untrue and was completely fabricated by Ms. [redacted]. On January 15, 2014, 9:20 a.m., Ms. [redacted]’s monthly membership dues were deducted

with our January 15, 2014, AM monthly draft. It is Body by Discipline’s policy to draft membership fees via automatic debit twice monthly. This process is routinely done in the early AM hours. Therefore, there was no way possible Body by Discipline’s knew Ms. [redacted] intended to cancel her membership that same evening. Therefore, Ms. [redacted] came back to

Body

By Discipline the following day and acted in a very rude and obnoxious

manner. She created a very hostile environment for me and my staff. She also refused to leave

the gym and began to and illegally record our staff with her cellular telephone.

Issue Three:

I was denied a copy of my contract on October 23, 2013. This is not true and a fabrication of Ms. [redacted]. Our printer was malfunctioning at the time Ms. [redacted] signed her agreement. However, shortly when our printer was replaced a copy was made and placed inside her file folder. Unfortunately, Ms. [redacted] never came back to inquire or pick up her copy of the contract until January 16, when she made the accusation that Body By Discipline

illegally charged her credit card because we were angry that she

cancelled her membership. This is a false statement. Unfortunately, Ms.

[redacted] did not believe that her EFT had been automatically

debited approximately nine hours before she came that day to

provide written notice of cancelling her membership. She found it

more favorable to her to slander our business and to file frivioulous

complaints with the Revdex.com and Dept of Consumer Affairs. We have tried to

work with this out with Ms. [redacted], however but as I have indicated she would rather slander our business.

Consumer

Response:

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.

They did not offer a resolution for this issue instead they lied and said I wrote No CHARGE CASH ONLY on the contract myself when it was their own employee who wrote it. They also proved my point when I said my card was not previously charged before I cancelled 01/15/14. On 01/15/14 in the a.m when they claim my card was charged they were not aware I was planning to cancel my membership. The last two months on the 15th of the month I was not charged and as he himself stated. If they agreed I would pay cash as he stated that clearly means EFT was not an acceptable form I agreed to. How would he know if I had a additional bank charge as he is not on my banking account and can not see if I had any additional charges. What this business did was illegal and they are now trying to cover them self. Again his response did not offer a resolution and the only acceptable resolution is a reimburment for the illegal transaction and the bank fee I was charged which totals to $98.00. Which doesn't even begin to cover the inconvenience and time I had and am continuing to go through first by getting another bank card and second the numerous calls to business I had to contact who are allowed to change my card. I did not receive a copy of the contract per his excuse because the printer was broken on 10/23/13 However when I paid the rest of the installment on 11/05/13 I asked again and didn't get it either. I when I was there for other classes they could have given me one at any time. Again it proves I was not provided one because as I was told they kept them internally. His own response clearly shows they are making things up as they go along. I have both copies of the contract they gave me on 1/16/14. I also do have a recording of an employee who said he did not give out a contract because he didn't know he should and finally Body By Discipline original contract which does not say a person must cancel their contact a day earlier. Please respond in this space ONLY]

Regards,

Business

Response: