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:09/06/2024

  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.

  I signed up for a three-month trial membership at $375 in December 2023. The business went on to charge me $375 again in April 2024 and again in July 2024. The business sent me no notification that I would be charged before the two additional charges, or any notification or receipt that I had been charged afterwards. When I realized I had been charged $750 more than I had agreed to, I contacted the business. I was sent separately a graphic of "fine print" I had not seen before, which was not on my initial receipt/order confirmation, that this was a recurring membership. I had not attended any classes or believed I was a member after the end of the initial 3 month trial I paid for which covered ************* 2024. I was told the only way to cancel was to fill out a ****** form I was linked to which I filled out immediately. I let the business know that unfortunately they arent following Illinois Better Business Bureau laws. They did not send this fine print in the receipt of my original one time purchase, nor did they send any notification before or receipt after the additional surreptitious continuing charges, which they are legally required to do. I am again requesting refunds of any charges I did not approve.

  Business Response

  Date: 09/06/2024

  On December 19, 2023, my business, Ahimsa Yoga Studio, sent a promotional email offering an auto-renew 3-month membership. At 7:10 AM, **** clicked the link in the email, visited our website, reviewed the membership details, and signed up. She electronically agreed to the terms at 8:53 AM. **** did not cancel her membership until she submitted a request via email and completed our cancellation form. Her membership was officially canceled on July 10, 2024, but we told her she can continue attending yoga classes until October 1, 2024.
  **** then filed a chargeback with her credit card company. Ahimsa contested the chargeback with evidence showing that **** had signed the membership agreement, and we won the case.
  At this point, I have proof that **** agreed to the membership terms. There has been no attempt to mislead or deceive her regarding the membership. We have been transparent, responsive, and accommodated her cancellation request. Given these facts, we do not believe a refund is warranted.

  Customer Answer

  Date: 09/06/2024

   
  Complaint: 22248472
  
  I am rejecting this response because:

  The Illinois Automatic Contract Renewal Act mandates most companies clearly and conspicuously disclose automatic renewal provisions in contracts along with information about how the consumer can cancel the renewal.

  The screenshot provided by the business labeled "Kara ********** does not include my signature and was not appended to my original order confirmation email receipt, therefore it is unclear where that document originates or where I would have seen it "clearly and conspicuously". That "agreement" also includes the clause, "Please note: THIS IS NOT A LEGALLY BINDING CONTRACT."

  I am aware that ***** sent me the "fine print" screenshot on July 9 once I requested a refund; it's unclear when I would have seen that "fine print" "clearly and conspicuously" before attempting to cancel. 

  The Memberships screenshot that includes the word "auto-renew" is from a business point of sale software system and is not something visible to the consumer, therefore it certainly does not create clear and conspicuous notification of auto-renewal to the consumer.

   

  Sincerely,
  
  *****************

  Business Response

  Date: 09/12/2024

  Thank you for your response. I would like to clarify a few points regarding these concerns.
  Illinois Automatic Contract Renewal Act Compliance: We take our obligations under this law very seriously. Our auto-renew membership terms were clearly outlined in the promotional email you received, as well as on the membership page you visited when signing up. The auto-renew feature was clearly stated, and you had the option to cancel at any time by following the provided instructions, which you ultimately did.
  Signature and Agreement: While the "Kara ********** screenshot may not contain a physical signature, your electronic acceptance of the terms was logged when you signed up for the membership at 8:53 AM on December 19, 2023. This constitutes an agreement under electronic commerce laws, which recognize electronic consents as valid. The clause stating "THIS IS NOT A LEGALLY BINDING CONTRACT" refers to the marketing portion, while your membership agreement and auto-renewal terms, which you acknowledged, are binding.
  Visibility of Terms: The terms of the auto-renew membership were available to you on the webpage during your registration process, and you completed the signup knowing the nature of the membership. While the Memberships screenshot from our point-of-sale system shows backend details, the auto-renewal terms were indeed visible to you when signing up. We provide this information clearly so our members are fully informed when they make their purchase.
  Response to Fine Print: The "fine print" screenshot you mention was sent to you on July 9 as part of our attempt to provide clarity when you requested to cancel the membership. However, you were already provided with the full terms during the original signup process in December, where you had ample opportunity to review the terms.
  Given that you agreed to the membership terms, which included the auto-renew clause, and continued to utilize the membership until October 1, 2024, we believe that our actions have been in good faith and in compliance with both the law and our policies. As such, we stand by our previous decision that a refund is not warranted.
  We value transparency and honesty with our customers and have strived to be upfront throughout this process.

  Customer Answer

  Date: 09/19/2024

   
  Complaint: 22248472
  
  I am rejecting this response because:

  I am clarifying that the bank rejected my chargeback because I mistakenly registered it as a repeat charge which was the incorrect filing. They have invited me to refile the claim. 

  
  Sincerely,
  
  *****************