I actually started this blog back in August because I was anticipating having a problem canceling my membership. National Fitness drafted the $100 processing fee on August 10, but a monthly payment was not drafted in August, so I foolishly assumed that my cancellation request had been honored.
On September 17, National Fitness drafted $5.90 from my account. I couldn't figure out why they would have drafted such an odd amount, so I decided not to do anything about it right away. Actually, I was hoping that they would just take the $5.90 and go away, and it would be worth every penny to get rid of them.
On October 15, they drafted $52.95, the full membership fee. At this point, I knew that they had not honored my cancellation request, but I dreaded doing something about it. So, I put it off, and I put it off, until yesterday, when I realized they drafted $52.95 from my account again on November 15.
I sent messages to my bank about the charges. On the banking web site, there is a link next to each transaction that allows one to make an inquiry about the transaction. I clicked the inquiry links next to the two most recent National Fitness transactions and I typed this message:
"I did not authorize this transaction. This company has taken money from my account three times without my approval. Please let me know what needs to be done to prevent them from debiting my account and to recover money that has been removed. I will submit a similar transaction inquiry for the other 2 debits."
This morning, I received this reply:
"Our records indicate that this charge was a check card purchase from National Fitness in Layton, UT. This transaction occurred at 5:29 p.m. ET on 11/13 and, the card ending in 3637 was used. Unfortunately, we have no contact information for this merchant.
A...claim may be filed to dispute the charge; however, filing a dispute may require the closure of the card used to authorize the debit. If you would like to open a...claim, you may contact us at 800-xxxxxxx or send a reply to this email.
Should you choose to request a Reg E investigation by replying, please include answers to the following questions: Have you authorized anyone else to use your card? Did you participate in this transaction? Do you still have possession of your card? What are your reasons for disputing this charge (e.g., duplicate posting, incorrect amount, etc.)?"
I'm not sure what I want to do. It would be a huge hassle for me to have to close my account. Most of my monthly bills are paid from that account, and it was a huge hassle to get everything set up in the first place. And I'd have to be without my debit card for some period. I don't even carry cash anymore, so this would be a huge imposition. On the other hand, it could solve the problem nicely. I'd still have to pursue a refund (I think...or maybe the bank would have to pursue it).
There's a link somewhere on this blog to a story someone posted about National Fitness drafting a closed credit card years after the poster canceled his membership. The credit card company reopened the account! And the poster was still liable for the charges somehow. I don't want the same to happen to me.
Still, I should probably dispute the charges, if only to add to my documentation of the problem. I'll do it a little later today.
I was lying in bed this morning thinking about this:
$100 + 5.90 = $105.90.
$105.90 / 2 = $52.95
Obviously, National Fitness treated the processing fee like a regular monthly payment and a partial payment.
[sigh] I don't feel like dealing with this.
My Story
On June 13, 2006, I joined American Family Fitness in Richmond, Virginia. American Family, or “AFF” is a gym owned by Richmond Fitness, Inc., also located in Richmond, but “Member Services” are managed by a company called National Fitness Financial Systems in Layton, Utah.
I knew at the time that I joined American Family that I would be moving to Atlanta in the future. As such, I was certain to inquire about cancellation. I was presented with a contract which has a “permanent relocation” clause that allows one to cancel membership if the member moves to a location where no affiliated facility exists within 25 miles of the member’s new residence. The clause stipulates that the member must provide proof of permanent relocation and is liable for a one-time cancellation charge of $100. It further states that “[t]ermination takes 30 days to process and any draft(s) or payment(s) due during this 30-day period must be processed and collected….” My red flags should’ve gone up, but I accepted: 36 months at $52.95.
It was over a year later that I actually moved to Atlanta. On July 17, 2007, I phoned National Fitness to find out if there are any affiliated gyms within 25 miles of my new home. I provided my new address (and phone number) and I was informed that there are no affiliated gyms in my area. I requested information regarding cancellation and was informed that I must submit a letter of intent to cancel and proof of residency to the Membership Service Department in Layton, Utah, just as the contract stipulates.
On July 18, 2007, I made two crystal-clear copies of my Georgia driver’s license and sent one copy along with a polite cancellation letter to the address provided to me by National Fitness. I mailed the information via Priority service with address confirmation from my local post office. According to the USPS web site, my information was delivered 7/21, so I expected my 30-day processing period to begin on that date.
I was away from home from July 30th through August 6th. When I returned, I found an undated letter from National Fitness. “We have new information regarding your inquiry and have been unable to reach you by phone,” it read. I checked my caller ID and found no calls from National Fitness and none from a Utah area code. There were no voice mail messages, either.
I called National Fitness on August 8th at 3 p.m. and spoke to Hammond (I started writing down the details at this point). Hammond informed me that National Fitness had received my documentation and everything was in order. I’d just need to submit a $100 payment and my 30-day processing period would begin.
You’ll notice at this point that I didn’t mention a $100 payment in the list of items National Fitness asked me to send when I phoned them on July 17th. That’s because I wasn’t asked to send $100. I foolishly assumed that National Fitness would charge $100 to my debit card, the way they’ve charged every payment since June, 2006.
“You haven’t authorized us to charge the $100. You’ve only authorized us to debit your monthly payment,” Hammond informed me. “I didn’t know I was supposed to authorize you. You’re authorized,” I replied. So, Hammond charged $100 to my debit card, and I suppose my 30-day processing period thus began on August 8th, 18 days after it should have.
After I hung up with Hammond, I checked my contract, where I authorized National Fitness to charge my debit card. It reads, “[a]s a convenience to me, I authorize my Bank to make payment to National Fitness for Richmond Fitness, Inc.” It does not specify the type of payment or an amount, so no distinction was made between automatically charging $52.95 monthly and charging $100 once. In my estimation, payment is payment; National Fitness was authorized to charge the cancellation fee and they chose not to do so.
If your “something is fishy” alarm isn’t going off by now, you haven’t been paying attention. Why didn’t National Fitness tell me to send a $100 payment with the letter of cancellation? Why did National Fitness claim they tried to call me when they didn’t? Why didn’t National Fitness automatically charge the cancellation fee to my debit card? Why did National Fitness choose the slowest form of communication to inform me that my cancellation was not being processed? I believe National Fitness is intentionally dragging their feet, hoping to get an extra payment or two in before they cut me loose.
I could complain. I could argue over the contract. I could yell at the customer service reps and demand to speak with a manager. I could threaten. But I don’t believe it would do any good.
If you troll the Internet for information about National Fitness, you’ll find similar stories. Stories of unathorized credit card transactions. Stories of National Fitness' propensity to "lose" documentation. Stories of threats and intimidation. This appears to be the National Fitness modus operandi: do what it takes, just get the money.
And so my mission is to show National Fitness (and every gym that associates with National Fitness) the error of their ways. I intend to hit them where it hurts: in the pocketbook.
In the immortal words of Howard Beale, I'm mad as hell and I'm not going to take this anymore.
I knew at the time that I joined American Family that I would be moving to Atlanta in the future. As such, I was certain to inquire about cancellation. I was presented with a contract which has a “permanent relocation” clause that allows one to cancel membership if the member moves to a location where no affiliated facility exists within 25 miles of the member’s new residence. The clause stipulates that the member must provide proof of permanent relocation and is liable for a one-time cancellation charge of $100. It further states that “[t]ermination takes 30 days to process and any draft(s) or payment(s) due during this 30-day period must be processed and collected….” My red flags should’ve gone up, but I accepted: 36 months at $52.95.
It was over a year later that I actually moved to Atlanta. On July 17, 2007, I phoned National Fitness to find out if there are any affiliated gyms within 25 miles of my new home. I provided my new address (and phone number) and I was informed that there are no affiliated gyms in my area. I requested information regarding cancellation and was informed that I must submit a letter of intent to cancel and proof of residency to the Membership Service Department in Layton, Utah, just as the contract stipulates.
On July 18, 2007, I made two crystal-clear copies of my Georgia driver’s license and sent one copy along with a polite cancellation letter to the address provided to me by National Fitness. I mailed the information via Priority service with address confirmation from my local post office. According to the USPS web site, my information was delivered 7/21, so I expected my 30-day processing period to begin on that date.
I was away from home from July 30th through August 6th. When I returned, I found an undated letter from National Fitness. “We have new information regarding your inquiry and have been unable to reach you by phone,” it read. I checked my caller ID and found no calls from National Fitness and none from a Utah area code. There were no voice mail messages, either.
I called National Fitness on August 8th at 3 p.m. and spoke to Hammond (I started writing down the details at this point). Hammond informed me that National Fitness had received my documentation and everything was in order. I’d just need to submit a $100 payment and my 30-day processing period would begin.
You’ll notice at this point that I didn’t mention a $100 payment in the list of items National Fitness asked me to send when I phoned them on July 17th. That’s because I wasn’t asked to send $100. I foolishly assumed that National Fitness would charge $100 to my debit card, the way they’ve charged every payment since June, 2006.
“You haven’t authorized us to charge the $100. You’ve only authorized us to debit your monthly payment,” Hammond informed me. “I didn’t know I was supposed to authorize you. You’re authorized,” I replied. So, Hammond charged $100 to my debit card, and I suppose my 30-day processing period thus began on August 8th, 18 days after it should have.
After I hung up with Hammond, I checked my contract, where I authorized National Fitness to charge my debit card. It reads, “[a]s a convenience to me, I authorize my Bank to make payment to National Fitness for Richmond Fitness, Inc.” It does not specify the type of payment or an amount, so no distinction was made between automatically charging $52.95 monthly and charging $100 once. In my estimation, payment is payment; National Fitness was authorized to charge the cancellation fee and they chose not to do so.
If your “something is fishy” alarm isn’t going off by now, you haven’t been paying attention. Why didn’t National Fitness tell me to send a $100 payment with the letter of cancellation? Why did National Fitness claim they tried to call me when they didn’t? Why didn’t National Fitness automatically charge the cancellation fee to my debit card? Why did National Fitness choose the slowest form of communication to inform me that my cancellation was not being processed? I believe National Fitness is intentionally dragging their feet, hoping to get an extra payment or two in before they cut me loose.
I could complain. I could argue over the contract. I could yell at the customer service reps and demand to speak with a manager. I could threaten. But I don’t believe it would do any good.
If you troll the Internet for information about National Fitness, you’ll find similar stories. Stories of unathorized credit card transactions. Stories of National Fitness' propensity to "lose" documentation. Stories of threats and intimidation. This appears to be the National Fitness modus operandi: do what it takes, just get the money.
And so my mission is to show National Fitness (and every gym that associates with National Fitness) the error of their ways. I intend to hit them where it hurts: in the pocketbook.
In the immortal words of Howard Beale, I'm mad as hell and I'm not going to take this anymore.
Fitness Facilities Associated With National Fitness
Saturday, November 17, 2007
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