theoretical
  • Report: #446977

Complaint Review: Golds Gym / United Recovery Group

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  • Submitted: Monday, April 27, 2009
  • Last Posting: Saturday, June 06, 2009
  • Reported By: — Somewhere Utah
Golds Gym / United Recovery Group
goldsgym.com Orem Utah U.S.A.

Golds Gym / United Recovery Group Fraudulent collection practices Orem Utah


1Author 1Consumer 0Employee/Owner

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I am going to let you decide how legal and legit this sounds. I am writing this for a person who wishes to remain anonymous however, I have been directly involved in this situation. Person was with Golds Gym for a few months until persons neck and back started hurting really badly. Person had been in a wreck a few months before but felt like they were doing ok now. They started working out and again started feeling extreme pain. They visited a doctor who advised them to stop working out due to the possibility of paralization. They took the doctors note to their Golds Gym and was told that they could cancel but they would have to pay a 300 dollar fee to get out. Feeling used by this they tried to get the money with no avail. It is now about 1 year later and a collection company has been calling. Their name is United Recovery Group or URG. Here is what has happened.

Call 1: (not to persons phone but to persons friends phone)

URG Rep: Is "Person" available.
Friend: No this isn't his phone and he isn't available at this time. Can I get a message to him.
URG Rep: Yes but is there another number we can try reaching him at?
Friend: Yes (Provides home number)
URG Rep: Ok thank you. If you get a hold of him tell him to call me at (urg number) it is about a job application he submitted.
Friend: Ok I will try to get a hold of him. Thanks.
Call Ended

Call 2: URG Calls home number but doesn't leave a message.

Now "Person" is gone out of state on a trip.

Call 3: (URG Calls home phone and leaves a message)
URG Rep: This message is for "Person" this is "Rep name" we are trying to reach you regarding an important matter. We assure you this is not a sales call and avoiding our calls will only make this matter worse. This requires your IMMEDIATE attention. Call "Rep name" by 8:00 pm at (urg number).
Call Ended

Again "Person" is on a trip out of state and didn't get these messages.

Call 4: (URG Calls Persons friends mom and leaves a message)
URG Rep: This is "Rep name" we are trying to reach "Person" and need to speak with them immediately. If we don't hear back from him this will be handled as a federal matter and you will be personally involved. We can be reached at (URG number).
Call ended.

Now at this point the friends mom now thinks she is being involved in a Federal case and has absolutely no clue what the heck is going on. Again this has only been 4 calls they haven't called at all before this time and have made no attempts to contact Person. So what do you think? Have they broken any laws? have you had the same experience?

Remember this all started because they wouldn't let Person cancel without paying even though he was medically unable to continue using the gym.

AND AGAIN THIS WAS NOT FILED BY THE PERSON IT IS SPEAKING ABOUT SO THERE WILL BE NO USE IN TRYING TO TAKE THIS TO COURT URG. IT WASN'T WRITTEN BY THE PERSON IN REFERENCE!

Concerned Citizen
Somewhere, Utah
U.S.A.

This report was posted on Ripoff Report on 4/27/2009 5:17:59 PM and is a permanent record located here: http://www.ripoffreport.com/collection-agencies/golds-gym-united-rec/golds-gym-united-recovery-gr-j4j9a.htm.

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REBUTTALS & REPLIES:
1Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Credit Collection Laws

AUTHOR: Mark C. - Anonymous (U.S.A.)

SUBMITTED: Friday, June 05, 2009

Under the Fair Debt Collection Practices Act, federal law provides that debt collectors doing the following may be subject to civil liability. I've copied only the sections which may apply in this case:

(1) The threat to take any action that cannot legally be taken or that is not intended to be taken.

The "threat" that the case would be handled as a "federal matter" makes this a potential issue. There is no way that they have any intention of suing in federal court or bringing criminal charges. It is not a "federal matter"

(2) The false representation or implication that the consumer
committed any crime or other conduct in order to disgrace the consumer.

The fact that the mother thought this was a federal case makes it possible that this portion of the code was violated. It would certainly be disgraceful for one's mother to think they'd been involved in a federal case.

My suggestion to the friend would be to write the collection agency by certified mail and inform them that they appear to have already violated the FDRCPA and any further attempt to collect the debt will result in a civil suit.

This is not legal advice-- it is just my opinion on the matter, and your friend should contact an attorney in your area if he wants to pursue legal options.
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