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:02/02/2023

  Type:Product 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 normally do not take time to write reviews or complaints but this experience has negatively impacted my anxiety so I knew I had to make time to warn others about the deceitful business practices of this company. I started dancing two years ago and in that time, I have competed in several competitions and shows that I rented dresses for. I have rented from 3 different sources over this time. I am always careful, respectful and diligent in my care and return of these dresses. This was the very first time renting a dress from Encore. For the same event, I also rented another dress from a different source and handled both dresses in the same manner. I returned both dresses in the same shape they were received. Per delivery notification, Encore received the returned dress on 1/28/23 at 12:19 pm. On the night of 1/31/23 I noticed a $2940 transaction on my credit card without any explanation. AFTER the transaction, I finally received an email response regarding the charge that stated I must buy the dress. Allegedly, Encore found damage to the dress over 72 hours after they received it back. I believe in the 3 days they had the dress back in there possession, someone may have accidently caused damage to the dress on Encore's side and they are desperate to have someone else pay for it. I reached out to Encore letting them know there was no damage to the dress upon me boxing and shipping their dress back and that I do not authorize the transaction. I never received pictures of the alleged damage. I only received an email where they are placing blame on me. I have emailed them twice and have not received any response. I gave them appropriate time to respond and refund my money before completing this complaint. I will be working with my bank to dispute the charges if Encore does not do the right thing and refund my money today.

  Business Response

  Date: 02/13/2023

  **** ****** submitted a rental contract for the dress in question for the dates of 1/17-1/22. We sent it out on January 10th and she received it on the 12th. When we sent the dress out, it was checked by our dress department and coincidentally was also shown in a video we took that day in the studio, showing no damage. Please see attached screenshot of video with timestamp.

  We received it back on January 28th, which was on a Saturday, so we did not open the package until that Monday January 30th when our dress department was in. The box was undamaged, as well as the bag it was packaged in. Upon opening  the package our dress department found a large hole in the silk in front of dress. The owner was also present when the dress was unboxed.

  We spent the day trying to figure out how best to repair the damage. The next day, once we had evaluated our options for repair and found no solution, due to the location and extent of the damage, the dress was found to be damaged beyond repair. We then had to move forward with charging the customer for the full price of the dress. We are a consignment company and as such, we have to protect the financial investment of the dress owners. Please see attached documents for screenshots of our contract which states that "If the dresses have noticeable damage, and/or a large amount of stones missing after your rental, you will be notified and held financially responsible for up to the full purchase price of the dress, which is listed on the website, for the cost of the repairs. If there is no purchase price listed, then you will be responsible for up to the full original retail price of the dress listed on the website. If the dress is damaged beyond repair, you forfeit your total security deposit, try-on and/or rental fee. A 5% credit card processing fee will then be processed on the purchase price of the dress (ie security deposit). In this instance you will also be responsible for the shipping cost back to you. Assessment of the damage will be at the discretion of Encore Ballroom Couture and you will be notified of the cost of the damage."
  **** ******* was charged the full price of the dress at 7:26 pm on January 31st and then we immediately sent her an email explaining the charge and the damages to the dress which was sent at 7:33 pm that same evening. This is what the email stated: "Hi ****, 
  We have just received ***** * *** back from your rental and our dress department was getting ready to clean it and they noticed a large hole in the silk fabric covering the right side of the bodice. We have spent several hours trying to come up with a good way to rehab this area on the dress, while maintaining the original design concept of ***** ****** with ******* ** *****. Unfortunately, there is no solution for us to repair this, due to the location and extent of the damage. 
  Due to it being damaged beyond repair, we will need to move forward with the sale of the dress, per our rental contract agreement. At this time, we will go ahead and charge your credit card the value of the dress plus our 5% credit card processing fee for a total of $2,940. Attached you will find a bill of sale. 
  We will ship it back to you via ***** Ground. The tracking number is **** **** ****. 
  ***** ******
  Owner"
  She responded with this at 8:28 pm on January 31st:
  "I’m sorry but absolutely not. There was no damage on that dress when I sent it back. Do not send it back to me. I will send it back you  I will also be disputing the charge, chase will cancel that transaction. I have rented several dresses from a different source and I have never had a problem. I hang the dresses in between wears and I am super careful and respectful with these dresses. I would never want to own that dress and especially for $2900. If needed, we will take legal action and it will be up to you to prove that I damaged that dress. You will spend more money in legal bills so sending an email like this will not be acceptable. I feel like you are being dishonest and I will be placing several reviews about this. I will not be a victim of this treatment. 
  ****" 
  And then this at 8:39:
  "I just called my bank. My account is noted. Once posted, we will be canceling that transaction and you will not receive that payment. They are also cutting off this card and reissuing me a new card with a new number that you will not have access to. I would suggest not sending the dress as if it comes to me, I will decline the delivery and return to sender. This is not acceptable and I do not authorize this transaction. 
  ****"
  We contacted our attorney and he advised us to refrain from communication directly with her. She then filed the complaint to the Better Business Bureau on February 2nd:
  "I normally do not take time to write reviews or complaints but this experience has negatively impacted my anxiety so I knew I had to make time to warn others about the deceitful business practices of this company. I started dancing two years ago and in that time, I have competed in several competitions and shows that I rented dresses for. I have rented from 3 different sources over this time. I am always careful, respectful and diligent in my care and return of these dresses. This was the very first time renting a dress from Encore. For the same event, I also rented another dress from a different source and handled both dresses in the same manner. I returned both dresses in the same shape they were received. Per delivery notification, Encore received the returned dress on 1/28/23 at 12:19 pm. On the night of 1/31/23 I noticed a $2940 transaction on my credit card without any explanation. AFTER the transaction, I finally received an email response regarding the charge that stated I must buy the dress. Allegedly, Encore found damage to the dress over 72 hours after they received it back. I believe in the 3 days they had the dress back in there possession, someone may have accidently caused damage to the dress on Encore's side and they are desperate to have someone else pay for it. I reached out to Encore letting them know there was no damage to the dress upon me boxing and shipping their dress back and that I do not authorize the transaction. I never received pictures of the alleged damage. I only received an email where they are placing blame on me. I have emailed them twice and have not received any response. I gave them appropriate time to respond and refund my money before completing this complaint. I will be working with my bank to dispute the charges if Encore does not do the right thing and refund my money today."
  Our Lawyer then sent her a Cease and Desist letter on Tuesday February 7th:
  "Dear *** *******:
  We represent Encore Ballroom Couture, LLC (“Encore”) in connection with its business matters.
  As a preliminary matter, Encore did not respond to you recently on advice of counsel because we were
  reviewing the matter. It is our understanding that you ordered Encore’s ***** * *** dress for rental, our
  client shipped it on January 10th, and it was delivered to you on the 12th. You returned the dress on the
  24th, our client received it on the 28th, and when they opened the package containing the returned dress on
  the 30th, they discovered a large hole in the silk fabric covering the right side of the bodice. See Exhibit A.
  Encore’s contract policies, noted on our client’s website at www.encoreballroomcouture.com/how-
  to/rent-a-dress, specifically state that when a dress is damaged beyond repair in a rental, the renter is
  obligated to pay the full cost of the dress. Exhibit B. When you ordered the ***** * *** dress, you agreed
  to the aforesaid policies to be part of the terms and conditions of the agreement between you and Encore
  concerning the transaction of the ***** * *** dress rental. Our client took a day to examine the returned
  dress with the large hole to decide if there was any way to repair the dress without changing its design, but
  due to the location and extent of the noticeable damages, the dress was determined to be damaged beyond
  repair.
  However, it has recently come to our attention that you have engaged in a course of conduct that
  harms our client’s business reputation. A screenshot showing that you recently posted on BBB a customer
  review regarding your recent rental order of the ***** * *** back dress is attached hereto as Exhibit C. In
  reviewing the facts of this matter and upon speaking with our client, we have reason to believe that you
  have committed business defamation against our client.
  Generally, defamation occurs when one makes a statement that tends to adversely affect a person
  or business’s reputation, one shares the statement with another person, and it causes damage to the person
  against whom the statement is made. Here, Encore has developed and maintained a positive business
  reputation among its customers and within its clothing rental community. Such reputation constitutes an
  important part of its business assets, which are entitled to legal protection. The evidence we have indicates
  that you made factually incorrect statements about Encore, accusing it of causing damage to its own *****
  * *** dress, and then asking you to pay for the damaged dress. Indeed, you posted these incorrectstatements
  on BBB, which allows the public, including all other potential and existing customers of Encore, to view
  them.
  As for defamation of this nature, damages are usually presumed. In this instance, this would mean
  that it is easier for our client to prove you committed a wrongdoing. Thus, we are confident that if our
  client is forced to file a lawsuit to seek remedies, the court will find you liable for defamation. In light of
  the foregoing, we hereby demand that you:
  (1) immediately remove the false BBB review referenced in Exhibit C;
  (2) in the event you are unable to complete item (1) above alone, cooperate with Encore to jointly
  request the BBB to remove the posting permanently; and
  (3) immediately cease and desist all posting, dissemination, or other forms of sharing of any statement
  related to the accusations made in the BBB review.
  Given that our client’s policies allow for a rental fee of a dress to be subtracted from the original
  purchase price of the dress when the rental was within two weeks of the purchase, in exchange for your
  prompt compliance with the above demands, our client would be willing to return the rental fee of $350
  minus your shipping fee of $99 in this case, which is $249. Additionally, if you can make the payment of
  $2549 (which is the original purchase price of the dress ($2800) minus the rental fee ($350), and plus the
  shipping fee ($99)) via certified bank check or money order instead, our client would be willing to return
  the 5% credit card processing fee applied to the $2800. These payments are dependent on whether your
  credit card company cancels the charge that has already been applied. Please note that this dress was loaned
  on consignment to Encore such that the owner is entitled to compensation for the irreparably damaged
  dress.
  If items (1) through (3) above are not satisfied within five business days from the date of this letter,
  our client will have no alternative but to promptly commence legal action in Fairfax County, Virginia
  against you for the acts set forth herein. If forced to file suit, our client will seek all legal and equitable
  remedies available to it.
  Nothing in this letter should be construed as a complete recitation of the facts or the law applicable
  to this case, nor is this letter a waiver of any rights. Rather, all rights and remedies are reserved. If you
  would like to discuss this matter any further, please contact me at (703) 777-7319. We look forward to a
  timely response and to a prompt resolution of this matter.
  Sincerely,
  ***** ******"
  She responded on Saturday February 11th:
  "Thank you for reaching out. 
  
  The only way I would consider removing and not editing my current review/complaint on BBB with the latest development (defamation threat) and/or not complete additional reviews on other reputable review sites, is if Encore does the right thing and refunds the full amount of the fraudulent charge on my credit card. This would avoid the need to continue with the dispute with my bank. 
  
  It is my right as a consumer to complete an honest, factual, and accurate review of my experience with this company. 
  
  As a courtesy, I will also extend the same 5 days to Encore to refund my money. 
  
  ****"
  
  **** ******* made inaccurate and malicious statements in her complaint filed with the Better Business Bureau. She is currently threatening to be even more malicious by editing her current complaint and by posting on other sites. We spoke with our attorney today at 4:30 pm about moving forward with a case against **** *******. The complaint filed is inaccurate and defamatory, as she blames us for damaging one of our dresses on consignment and then forcing her to pay those damages, which is untrue, as the dress went out and was undamaged and came back damaged under her care. She agreed to our terms and conditions upon submitting her contract with full understanding that if the dress was damaged within her care, she would be financially responsible for it. 
  We are a small, family owned and operated business that takes excellent care of our dresses and has a reputation for high quality dresses. Our consignors trust us to keep their dresses safe and undamaged when registered with our company. This review can do great harm to our reputation in the ballroom dance industry, as it implicates that we are a sham of a business. I built the company based on my reputation as a professional ballroom dancer for close to 20 years and have had this company for 13 years with zero encounters like this. 
  We request the Better Business Bureau to not post this false, inaccurate, and malicious complaint and allow the legal process to play out in this case. 

  Customer Answer

  Date: 02/24/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:
  Encore has admittedly charged my credit card prior to notification. I have been in banking for 20 years, this is a fraudulent charge and my bank is researching it as such. Encores contract does not state they can charge my card prior to notification. 

  
  

  I believe this whole process would have gone completely different had encore picked up the phone and spoken with me directly AND IMMEDIATELY (Monday, Jan 30th) when they say the alleged damage was identified. I was notified after my card was charged and after hours the following night (Tuesday, Jan 31st, 7:33 pm). In my opinion, this is a lack of professionalism and a bit sketchy. 

  
  

  Moreover, the only communication I have received from Encore, after the charge, is a defamation threat from their attorney regarding my complaint/review on the Better Business Bureaus website. They are threatening me to remove my complaint/review, taking away my right as a consumer to voice my factual experience with this company. 
  
  Regards,
  
  ***********************
  

  Business Response

  Date: 03/07/2023

  *********************** was made aware that per our rental contract "If the dresses have noticeable damage, and/or a large amount of stones missing after your rental, you will be notified and held financially responsible for up to the full purchase price of the dress, which is listed on the website, for the cost of the repairs. If there is no purchase price listed, then you will be responsible for up to the full original retail price of the dress listed on the website. If the dress is damaged beyond repair, you forfeit your total security deposit, try-on and/or rental fee. A 5% credit card processing fee will then be processed on the purchase price of the dress (ie security deposit). In this instance you will also be responsible for the shipping cost back to you. Assessment of the damage will be at the discretion of ENCORE BALLROOM COUTURE LLC and you will be notified of the cost of the damage." This is in the terms and conditions of our contracts, as well as in our rental FAQs. She has also agreed to the terms and conditions when she tried on dresses from us previously. This is a longstanding policy that all our customers and clients are aware of.

  In this situation, the dress was damaged beyond repair, so we followed our standard protocol which is to charge the full cost of the dress to the person whose care the dress was in. We also have an outstanding shipping balance of $99 for the shipping for her rental, which has not been paid as of this date 3/7/23. *********************** has tried on dresses from us before (October 13th, 2022) and is aware that shipping charges are charged separately after the dresses are returned, in order to get our discount through ****** which we pass on to our customers. She is currently delinquent on this payment.

  We are an all consignment-based company and are under contract with the owner of the dress to protect their financial investment and property. We merely fulfilled our contractual agreement with the consignor and practiced standard protocol. We did send a courtesy notification to the customer within 10 minutes of making the charge, which was during our working hours (10 am- 8pm EST Mon-Thursday). We charged her at 7:26 and then put together an email notification which was sent 7 minutes later at 7:33.  

  As far as the communication following the customer's response being from our attorney, this is due to the fact that the response to our charge notification was to threaten legal action. We then had to refer to our own legal counsel due to that threat. We did attempt to bring this to conclusion through legal mediation, but she refused. We did not place a phone call to her, since with the threat of legal action, we need all communications in writing.  **** is entitled to her consumer relations opinions, however her initial statement submitted to the Better Business Bureau was by definition, defamatory.

  **** accused us of damaging the dress ourselves and then being desperate to have someone else pay for it. She then implied that we blamed her instead of taking responsibility. This is untrue. It also damages our reputation. This affects consignor's confidence in safekeeping of their dresses, as well as scaring away potential customers, who may now think we are acting in deceptive ways. Her review makes it seem that we are underhanded in our actions, when this situation was handled per policy and in a very professional way. Our policy reflects our responsibility towards the care and maintenance of the dresses in our inventory. Based on these statements, our attorney feels we have a strong case for defamation against ************************

  While I understand the customer did not want to be charged this fee due to the damage that occurred during her rental period, that does not mean the charge is fraudulent, as it is stated in our terms and conditions what will happen if a dress is damaged beyond repair. By submitting a rental contract, she agreed to this possibility, just as she did when she submitted a try-on contract. We have not been notified for any open investigation for fraud due to this transaction.

  Customer Answer

  Date: 03/22/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:

  I stand by my original submission of this review/complaint. I fully expect Encore will not like me voicing my experience, but I am within my right to submit without having to be concerned with legal action. Clearly Encore already has their legal team handling this but I am just an individual consumer providing factual feedback on my experience and am being bullied and threatened with defamation because of it. People should know that unless they submit a positive review of this company, you could be hit with legal threats.

  The facts:
   Encore charged my credit card PRIOR to notification
   Encore charged me for damages and did not provide pictures or description of the alleged damages UNTIL their attorney threatened me with defamation for my complaint/review on BBB.
   Encore received package on 1/28, says they opened on 1/30when they say they noticed the damage. There was no call or any notification of damage at that time.
   Encore then notified me via email (late on 1/31), AFTER my card was charged (Nothing in their contract allows a credit card transaction prior to notification) 
   Encore has kept the dress, charged my card, ANDthreatened defamation against me
   Encore is capable of fraudulently charging my card $2940but cant manage a $99 payment they say Im delinquent on. Again, communication is an issue. I have not received an invoice, email or call regarding this $99 payment. Instead, Encore decides the best way to do business is include this information in a BBB response. 
   The call that I am referring to is not AFTER my reaction to a $2940 fraudulent charge on my card, it should have been made BEFORE so the alleged damage could be discussed properly and professionally. 
   There has been no mediation attempt.
  

  Often reviews are taken by business so they can improve and do better next time. Instead, Encore does business poorly and then involves an attorney to shut me up. This is just another indication to me that my BBB review/complaint is valid.
  
  Regards,
  
  ***********************