Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:09/12/2022

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Account # 112882 My complaint is that I started an account with this gym in January of 2022. I’ve been to the gym ONE TIME and then had to travel for work. I get an email on 3/7/22 from ****** ****** saying that my card declined my money payment. I had just a basic membership for myself, $39.99/mo, so I check my account and I see that two days prior, on 3/5/22 my member fee had been paid already. I used a proxy card number and I specified for Empire Fitness to only allow $39.99 every 30 days. If they try to charge anything else, it shuts the proxy card number off for Empire Fitness. This protects me and my account.
  
  Since they disabled my account I gave them a new proxy card number to use. I’ve still only been once and they use key fobs which have software showing I only was there once. I was on travel for work and they kept hitting my card with random fees which would disable my card number for them. I sent them an email in March saying that I wanted to cancel and to please cancel my account. I was on another time zone and couldn’t call during U.S. business hours as I was working. I ended up staying up late to call them numerous times which I have records of asking to cancel my account. I Meir being told that they would call me back. I reached out to their corporate office and they told me that I owed $450!!!
  
  I told them that I’ve been wanting to cancel my account. They told me that I’d have to call the same gym I’ve been calling for them to cancel. I have the emails showing this and phone logs. I explained that I’ve called numerous times and sent emails but no one will help me. I’ve seen numerous complains on Yelp and on Facebook regarding this exact same issue with this place and they are missing my credit up. Even now, as of September 2022 if I was still a member, my $39.99 would not add up to $450. I will be filing a lawsuit and taking them to small claims court but I wanted to contact the prestigious organization of the BBB to file a complaint.

  Business Response

  Date: 09/16/2022

  There is no record on file of a cancellation request (after an initial review of electronic and paper records) per our membership agreement.  We also have no record of Mr. **** making any indication he was leaving for an extended period of time.  We were first notified of his extended work travel (to the best of my knowledge) per the records attached above, by an email from our collections agency, *****.  They informed us that Mr. **** was living in another country and time zone, and requested contact info ***** could extend to him to contact us. To date, I have received no such correspondence to the email address provided.  
  Mr **** and I have had extensive communication in the past via text, which documents are attached as well; however, I have received no notification of his extended travel by text message.
  Additionally, Mr. ****'s balance must be current for him to be eligible to cancel his account, and a cancellation form can be emailed or texted to him at his request, once the current balance is paid.  Mr. **** seemed to indicate his lack of attendance excused him from making the monthly payment he'd agreed to make, which of course is not the case, unless and until his account is current and terminated at his request.  Mr ****'s balance is currently: $273.96. Any balance past the per month rate would be due to decline fees incurred when his payments failed to process. He currently has three decline fees on his account, one for every month since June.  Our message history shows he has received a notification of the declines to his current att.net email every month since then.