Saint Paul, Minnesota
Not resolved

Complaint Summary

Anytime Fitness, located at 1682 Suburban Avenue, Saint Paul MN 55106, provided two cancellation fee quotes. Anytime Fitness incorrectly stated when electronic funds transfer would be withdrawn from checking account. Poor language concerning cancellation contract.

Complaint Details

Regarding Anytime Fitness Club #1308, Suburban Avenue, Saint Paul Minnesota 55106, concerning agreement #00332. 3 January 2012, Timothy Fuller (Tim) entered the club to cancel his portion of the agreement. Club manager David (David) greeted Tim. The club manager transferred Tim to club co-owner Joe (Joe). Joe quoted a cancellation fee of $67 to terminate the remainder of the contract. Joe also stated that the electronic funds transfer used to pay said club monthly dues occurs on the eleventh of each month. Additionally, Joe stated monies had not been withdrawn for the month of January.

Tim agreed to the terms and conditions set forth by Joe. Tim stated to Joe that he was going to call Claire Fleming (Claire) to discuss the details and would be back shortly. Tim exited the club to place the phone call reentering five minutes later.

Joe was busy when Tim reentered the club. David stated he would be able to cancel the agreement. David stated that it would be one half of the remaining balance or $200 whichever was lower. Since the agreement was between the club and two people, Tim and Claire, it would cost $100 per person to cancel their portion. Tim stated this differed from the quote Joe provided earlier. David left to ask Joe how he arrived at this price. David returned stating Joe had made a mistake. Tim disagreed with David concerning the differing cancellation quotes and left the club to discuss the fees with Claire.

On 4 January 2012 at 1815 hours, Tim and Claire entered the club to cancel the agreement. To cancel the agreement Tim and Claire agreed to pay $200. After some thought, Claire agreed to retain her membership with the agreement that she would not have to pay for February dues. Claire inquired how the time between 11 January 2012 and 1 February 2012 would be paid. David stated that all club payments are electronically withdrawn from members' accounts through an electronic funds transfer on the first of each month. Tim stated that club co-owner Joe told him on 3 January 2012 that withdrawals occur on the eleventh of each month and that Claire had not been charged for January. David stated that Joe was incorrect clarifying monies had already been withdrawn for January.

When questioned by Tim concerning the differing quotes and incorrect withdrawal information provided by Joe, David stated ABC Financial handles all billing. He also stated that he does not have control over when and how they charge fees. He stated that Tim needs to pay the $100 cancellation fee to avoid further monthly charges. David stated Tim could contact ABC Financial to discuss any other financial questions.

Tim paid the $100 cancellation fee and Claire signed a cancellation contract. Several issues were discussed concerning the contract before the contract was signed. The original contract follows.

"I Claire Fleming on this day the 4th of January, 2012 wish to cancel my membership at Anytime Fitness, St. Paul. I understand that I am obligated to complete the term and all payments still owed until the end of my agreement. I also understand that I may continue to have access to the gym until the last day of my membership agreement."

Tim questioned the contract requesting David to strike the following phrase from the contract, "I understand that I am obligated to complete the term and all payments still owed until the end of my agreement." David agreed and crossed said language from the agreement. Tim also questioned why his name and signature wasn't required on the cancellation contract. David stated that since this was a modification to an existing contract and that since Claire agreed to continue her portion of said agreement, Tim didn't have to sign the contract. David also stated that this was the cancellation contract provided by ABC Financial.

Requested Settlement

Timothy Fuller (Tim) requests Anytime Fitness Club #1308, Suburban Avenue, Saint Paul Minnesota 55106 to honor the original cancellation quote provided by club co-owner Joe (Joe). Tim also requests that the club refund one half of January dues due the statement made by Joe "electronic funds transfer used to pay said club monthly dues occurs on the eleventh of each month."

The verbal cancellation quote was provided by the club, not ABC Financial. The club should uphold the original agreement provided by Joe thus refunding Tim the difference between the original quote provided by Joe and the later quote charged by David. The club should also honor Joe's statement concerning EFT withdrawals and refund Tim one half of January's dues.

The club should also provide a proper cancellation contract which includes the following, company letterhead to include ABC Financial, signature blocks for all parties involved, and language which clearly states the member canceling the contract won't be charged for any additional membership fees.

A complaint has been filed with the Minnesota/North Dakota Better Business Bureau.

Product or Service Mentioned: Anytime Fitness Manager.

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