Complaint Review: Lady Of America - Layton Utah

In 2007 I signed a contract with Lady of America, a fitness franchise of a larger corporation (National Fitness Financial Services) located in Layton, Utah.

As with most fitness contracts, I agreed to have this company deduct $22 a month from my bank account automatically.

On 22 January 2009 I was sent a letter stating that the Lady of America franchise located at 4188 Merchants Plaza in Woodbridge, VA had closed as of 31 December 2008 and that I would "no longer be billed, nor will you be responsible for any charges past the club closure date". Well - you guess it - on 2 January 2009 they ripped $22 out of my bank account.

I called the corporate office who sent me the letter, and was told to contact Nancy (no last name given, who was the franchise owner) and get the refund from her. I was given 2 telephone numbers to call for this refund: 703-772-4878 and 703-361-2565. I called both numbers and guess what - both have either been changed or disconnected.

I know this is only $22, and so far (as of 5 February 2009) they have not taken any more money out of my account, but it is still early in the month, so I do not trust them. I was assured by the corporate office in Layton, Utah that no further deductions would be made from my account. However, I am still out this money and have no confidence in them that the billing will stop (I have requested a letter of confirmation from them that this is the case, and they assured me they will send it, however, this has been a lot of hassle for something that is so simple and never should have happened to begin with.

Bottom line: do not trust Lady of America. Apparently they are franchises and the corporate office only has the ability to close franchises, not to reimburse customers for monies unlayfully ripped out of their accounts. How many other people have they ripped off for this small amount - it could be in the thousands, which would net this Nancy person quite a bit to leave town with (assuming this is the case since the numbers have been disconnected and no new number given).

Suzanne

Woodbridge, Virginia

U.S.A.

*EDitor's Suggestions on how to get your money back into your bank account that someone wrongfully takes it from you!

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.