Complaint Review: ASF Intl For LA Boxing

ASF is a payment processing company in Colorado. They do payment processing for a lot of health clubs, such as LA boxing, World gym etc.

The problem isn't really with the original gym that I signed the contract with, LA Boxing. The problem is that the contract does not disclose anything about ASF (even though it is an ASF document). The consumer believes that they are signing a contract with the gym allowing the gym to process either EFT (check) or charges to a credit card. The gym intentionally doesn't disclose or fails to disclose that the permission to bill is given to a third party, ASF.

In spite of the contract provisions and applicable California State law, ASF refuses to cancel contracts to delay cessation of collection of payments. This allows them to continue to collect payments for several months.

Oftentimes, the consumer is not even aware that ASF exists, much less has their own separate, unpublished, 'secret' cancellation requirements.
For instance, my contract with LA boxing calls for a written 30 day notice of cancellation, sent to "the club". I sent a written 30 day notice of cancellation to the address of the club that I was a member of.

Despite the written notice, in compliance with the requirements of the contract, ASF again deducted monthly membership fees from my account. Up until that point, I had had no idea that ASF even existed much less who they were. I had thought that ASF was some sort of stupid La Boxing acronym for an automated payment. I called the number listed on my bank statement and found out that ASF was a company. I spoke with a rep, and told her that I had cancelled my membership, in writing, and asserted that ASF was wrongfully taking money from my account. She indicated that they had no record of my cancellation and then disclosed the cancellation procedure for ASF.

Note that this procedure is not disclosed anywhere on the contract, nor is it disclosed by anyone at LA boxing at any time, which is why I refer to it as a 'secret' procedure. After all, how are you to know about it when it totally contradicts the contract, and no one ever tells you about it, even after you give 30 days written notice...?

ASF requires that you download their cancellation form, fill it out and then wait 30 days. Additionally, you are required to sign indicating that ASF is still permitted to collect payments or that you will continue to make payments until ASF processes your cancellation, with no guarantee that your cancellation will be approved, nor any time period as to when it will actually be approved and payments will stop.

That's the part that I find objectionable.

Under California law, this contract is a Health Studio Services contract and the law has various requirements regarding such contracts. The ASF drafted contract that I have with LA Boxing does not meet those requirements. Even if it did, ASF knowing and intentionally fraudulently fails or refuses to disclose the actual cancellation procedure. ASF also fraudulently claims that the 'contract' is a retail sales agreement, in violation of state laws. ASF also claims that the consumer's agreement with the club is not enforceable and ASF has the authority to dictate the terms of the agreement at it's sole discretion (fraudulent statement). See www.myasfaccount.com/cancel for this audaciously misleading information, such as "all authority to cancel...rests solely with us. The facility has no authority to cancel your Contract."

Really?! Wow, the club that I have a contract with has no authority to cancel my contract, even at my request? Amazing.

Additionally, not only would they not refund the unauthorized withdrawal after my account with la boxing was cancelled, they demanded, in January, that in order to cancel, I would have to pay February's payment as well.

This company is, in my opinion, blatantly making fraudulent claims, violating contract provisions, and violating controlling relevant state law in order to continue collecting payments for cancelled services. I believe that this company knowingly and intentionally engages in these activities because most people don't know any better, and just pay the extra months to get the contract canceled.

In California, the Health Studio Services laws allow you to recover three times what you are wrongfully charged for. ASF continues to knowingly and intentionally violate state law and charge people money.

Seriously, we all know the BBB is a waste of time. It is run by the business for the businesses. No person born after 1960 or with half a brain really cares about the BBB.

If ASF continues to charge you after you cancel, dispute the charge with your bank or credit card. File a complaint with the District Attorney in your county, and/or the State Attorney General. These guys are a bunch of assholes that subsist under the surface, hoping to fly under the radar and violate the law to make an extra $100 bucks a month off of people just to make it look like they work towards "retaining" clients for the club. Stealing money after authorization is revoked is, and should be a crime. Report these jerkoffs.

BTW, according to PACER, there are several ASF's that have filed bankruptcy, but none in the last several years. Honestly, who cares about whether they've filed for bankruptcy. I just want them to stop ripping people off by refusing to cancel their memberships, just so they can get a few extra months of payments. What turds, seriously.

Jim
long beach, California
U.S.A.