Complaint Review: LA Fitness

In the summer of 2003, I signed up for LA Fitness' regular service, which requires a voided check and your bank info so that they can deduct your monthly dues via EFT (electronic funds transfer).

At the same time, a company called pro-results (an affiliate, I was told, of LA Fitness), which had set up operations inside the gym facilities, caught my eye. They are offering a short period of personal training through LA Fitness for a pre-paid amount. I pay with my debit card and am told that I will get X sessions, and have no further obligations.

Shortly thereafter, word has it that due to personality and business conflicts, the above mentioned personal training company fragments, the 2 older managers are let go, and an ex trainer is brought back in, along with some other ex staff members. This happens before I have completed the sessions I paid for in advance. The new manager, David, calls me and offers to make good on these sessions, and I accept.

A few weeks later, he informs me that I can get another pre-paid series of sessions, to which I agree, and again pre-pay with my debit card. After that, I decide I can afford no more signups, and tell him that I do not intend to do any more. He says that's fine, I'm under no further obligation.

Fast forward 18 months. In monitoring my bank account, I could not understand how I was coming up short for months on end, despite a lack of extravagant purchases. So I get my online statements and look much closer. Lo and behold, LA fitness has been taking $156 out of my checking account every two weeks, on top of my $35 monthly fee. For personal training, which I have not been getting, and for which I did not authorize any EFT. Grand total for 18 months? $5616, excluding my monthly membership fees. I call my bank to rectify it, but am told I have to take the matter up with LA Fitness directly.

So I call. It takes me several days to actually speak with the branch manager (she's very busy). She refers me to a member account exec, whom I call. I tell him the story, and he says that since the deductions happened, there should be paperwork in their storage facility to back it up. I tell him I never signed a voided check authorization for direct deductions for personal training. LA fitness has effectively been taking money out of my account without my permission for 18 months, and I demand a full refund. He notes that their sign-in records did indeed show that I did NOT attend a single personal training session during the time the EFT deductions were being made, and says they have to look for my paperwork, please allow 2 weeks.

2 and a half weeks later, I call back. No paperwork has been found. But they're willing to offer me a (stressed) one-time $1800 refund for the last 6 months' worth of deductions. I say no, I want my full refund. Please allow 2 more weeks, he says. So I wait again.

2 weeks later, I call again. (Keep in mind that it predictably takes upwards of 24 hours for the member account exec to get back to me each time I have called). Again, no paperowrk has been found. But he's been authorized to make me the same offer. Again. So much for one-time.

During this conversation, he lets slip that the paperwork for the entire month of Sept 2003, which is when they first started withdrawing the money from my account, has al come up missing. Conveniently enough, huh? I turn it down once more, refusing to effectively pay a penalty of $3800 for letting them rob me. He says he cannot authorize a refund. He does, however, ask me that before he does any further investigation, I am required to fax over a sample of my signature.

Cautious, I decline. And hear nothing further from them, even after 2 formal letters sent to their Irvine, CA offices demanding a full refund of the money they withdrew from my account using information from my original health club signup.

In the meantime, several of the people working with Pro Results, whom I have come to know, inform me that I am not the only person this administrative error has screwed over.

All I wanted from them is the money they were never authorized to deduct in the first place. Now I am owed over 5 grand of MY OWN MONEY, and they refuse to admit their error. I have the names of everyone I have spoken to, but have left them out for the sake of this online report.

Socal
Wolverhampton, California
U.S.A.

EDitor's Suggestions on how to get your money back!

HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:

Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.

According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.

If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.

Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!

DO NOT TAKE NO FOR AN ANSWER!

Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.

And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.

Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.

If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.

CHARGES TO YOUR CREDIT CARD

If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.

Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.

And good luck Let us know how you do!

ED Magedson Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
EDitor@RipoffReport.com
badbusinessbureau.com
www.ripoffreport.com

Don't let them get away with it.
Make sure they make the Rip-off Report!

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...by consumers, for consumers

CLICK HERE to read about Credit Card Scams... find out how to get your money back. *Rip-off Report Investigation provides valuable information.

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