Curves of Galloway

Complaint ID *** Response">May 12, 2014
Customer was *** ***. Mrs*** signed a month Curves Complete weight loss program contract. At the end of the Complete program, the membership continues as a success fitness (gym) membership unless customer gives a day notice in writing to cancel the contract. The contract states “Following the completion of the term above (month), the monthly draft will continue at the Success Rate of (plus any applicable taxes) until member cancels with a 30-day written notice. “Until member cancels” was highlighted in yellow on Mrs***’s contract and she initialed it (LP) to confirm that it was explained to her and that she understood the termsMrs*** was given a copy of the contract when she signed it.
Mrs*** did not provide a written notice until 4/28/via e-mail, meaning her membership was still in force until 5/28/Out of goodwill, I cancelled her contract after receiving the e-mail on 4/28/14. Mrs*** did not notify Curves in person of her intent to discontinue her membership. If she had we would have provided her with a pen and paper to put her cancellation notice in writingWe do not cancel memberships by phone. Mrand/or Mrs*** called and was instructed to send or bring a written cancellation notice in We received it on 4/28/and her membership was cancelled on 4/29/14. Mrs*** knew that the membership would continue at the success rate of $plus tax. She even signed a draft (EFT) authorization stating that her account would be debited for the $pus tax starting September 29, and for $beginning February 27, 2014. The authorization also states that “The Success Membership monthly auto-pay will remain in effect until cancelled by me" (me refers to the member). Mrs*** signed the contract and authorization on August 29,
The contract does not state that the member has to use the facility to be billed. Mrs*** had access to the facility and still has access to the tools on curves.com for her meal planning (customized meal plan, shopping lists and recipes), but failed to come in and use the facility
I have attached a copy of Mrs***’s contract, draft authorization, and cancellation e-mail. Please call me at *** if you need anything else to resolve this matter or if the attachments did not come throughWe appreciate Mrs***’s business and would have been happy to explain this to her. We would have gladly given her another copy of the contract if she misplaced it. Mr*** was not present when his wife signed the contract and unfortunately may not have been aware of the terms.
Thank You,
*** *** Owner

On 5/13/14, I spoke with Mrs. [redacted]'s personal coach.  Her coach informed me that Mrs. [redacted] never indicated to her that she wanted to cancel her contract after the Curves Complete program ended.  In fact, she stated that Mrs. [redacted] enjoyed coming to Curves and was happy with the results she was seeing.  Her trainer informed me that at no time during their personal coaching sessions did Mrs. [redacted] say she wanted to end her contract with Curves.  Her coach has been an employee with Curves for 8 years and is very much aware of the rules and procedures to take when a member wants to cancel.   The coach informed me that she would have instructed Mrs. [redacted] to write a letter of cancellation had she informed her that she no longer wanted to continue her contract.  Mrs. [redacted]'s personal coach also stated that she did not refund any money to Mrs. [redacted]. 
At this point, I am confused as to what Mr. [redacted]'s expectations are.  It appears to me that he may not be getting an accurate account  from his wife or may be confusing the information.  On or about 5/8/14 Mr. [redacted] contacted his bank and revoked the authorization for the 3/28/14 and 4/28/14 payments.  These payments were returned to him.  He stated that his wife was given a refund for one of the payments (I have not record of this).  His original desirable outcome was to have all three payments refunded.  According to his statement and the fact that two payments totaling $73.10 was taken out of my account, this matter should be closed.  Mr. [redacted] states that my employees  did not offer a copy of the contract when we received the cancellation notice.  It is not common practice to offer it at that point if the customer does not request another copy since we provide it at the time the member signs the contract.  We had no way of knowing he could not locate his wife's copy without him informing us.  At no time did he or his wife ask us for another copy of the contract.
Mr. [redacted] also stated that I did not attach any documents as indicated in my response.  I did attach a copy of the contract, authorization, and cancellation notice.  I can only assume, the Revdex.com did not make those documents available to Mr. [redacted].  If it is not the protocol of the Revdex.com, I would be happy to mail or e-mail copies of all documentation supporting my response to Mr. [redacted].  I am attaching the documents again for your convenience.  Thank You.

I am rejecting this response because:
 
The statement that the customer received a copy of the contract is incorrect.  This very well be company policy, but it was not done in this case.
The business owner states that customer did not notify the business in person of intent to discontinue services, and further states that  "If she had we would have
provided her with a pen and paper to put her cancellation notice in writing."   This is a untrue statement, as the customer utilized the service up to the end of the contract meeting with her trainer during that time, and repeatedly stated that she was not going to continue with Curves.  The trainer never reminded her that written confirmation was necessary, nor was paper and pen ever offered as stated.
 
The personal trainer that was assigned to customer made a cash refund for one of the months that was unauthorized charge, but again did not direct customer as to the business owners stated business practice concerning cancelling in writing.
 
When the unauthorized withdrawals were noticed on bank statement, contact was made by phone with the business, and again they failed to direct the customer in exactly how to cancel, and never offered a copy of the contract.
 
There was no attachment of the documentation that the business owner said was attached to response.
 
Response from the business, minus some pretty passive aggressive statements, seem to indicate that the business owner may attempt to set company policies that reflect proper business standards, but the follow through is not there, and the business failed to provide the business process outlined in response.