• Report: #835404

Complaint Review: National Fitness Layton Utah

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  • Submitted: Tue, February 07, 2012
  • Updated: Thu, May 17, 2012

  • Reported By: National class action lawsuit — Hometown Michigan United States of America
National Fitness Layton Utah
1645 East Highway 193, Suite 100 Layton, Utah United States of America

National Fitness Layton Utah National Fitness, Recon Fitness Group, Dynamic Fitness, Dan (Daniel) Hubbard Gym Membership Scam/ Class Action Lawsuit Information Layton , Utah

*REBUTTAL Owner of company: Facts

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I signed a contract with Dynamic Fitness with the understanding that I could cancel anytime. The contract was presented to me both via informed consent with the personal trainer reading the contract to me and then via a written consent with my signature after the contract was read to me. Later when trying to cancel my membership I was told by the business owner that he was not authorizing the payments to be processed an individual named Joey Denawetz was giving the third party billing company permission to process the payments.

The business owner told me that he no longer owned my contract and therefore no longer had the authority to stop the billing company from processing my payments. When I called the billing company National Fitness they told me no one in the world has the authority to cancel my contract not even me. They used unlawful trade practices when selling their memberships.

I have a contract with my cancellation fee crossed on the carbon copy and a statement from the employee saying that I can cancel at anytime. There was misrepresentation of the totalfees involved therefore the purchase price of the product. There are numerous other complaints about this business and the trainer and I have been in contact with the other complainants. The billing company has complaints nation wide as National Fitness for unlawful trade practices, unauthorized card processing, and unethical collection practices.

I am looking for more people to join a class action lawsuit.  File your own Ripoff Report and our attorneys will
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This report was posted on Ripoff Report on 02/07/2012 01:23 PM and is a permanent record located here: http://www.ripoffreport.com/r/National-Fitness-Layton-Utah/Layton-Utah-84040/National-Fitness-Layton-Utah-National-Fitness-Recon-Fitness-Group-Dynamic-Fitness-Dan-835404. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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

#1 REBUTTAL Owner of company

Facts

AUTHOR: Dan - (United States of America)

     As owner of Dynamic Fitness, I would llike to set the record straight concerning the filed report against us.  Dynamic FItness is an entirely family owned and operated facility. We try to provide our community with a family oriented and Christian ran facility.  We have been in business for 12 years.  This being said I would like to point out some facts.

1.  In the fall and winter of 2011-2012 we ran a promotion and utilized Joey Denawetz and Recon fitness.  Their company runs promotions, makes cold calls, holds open houses etc. in an effort to sign new members. They were able to get a lot of people through my doors in order to see our facility. 

2.  Anyone who came in and visited out facilty was given a free one month membership and were offered some greatlly reduced membership pricing if they chose to sign up.

3.  All contracts clearly state that there is a 3 day cancellation period. Beyond that point, and it is clearly stated, that contracts cannot be cancelled or transfered.

4.  The contracts also require a new member to choose how they want to pay for their memberships. They in turn fill out a section on the contract where they enter a credit card number or savings or checking account information. The contract clearly states that by signing it, they are authorizing National Fitness to access their account and shows how many payments and the amount.

5.  NEVER was it stated that I was not authorizing the payments to be processed.

6.  NEVER was it stated that I no longer OWNED this contract.

7.  The promotion company does receive a percentage of the contracts they sell.  Therefore, as a gym owner I cannot call and cancel anyone's contract.  If a dishonest gym owner could do this, they would call and cancel ALL memberships and resign them, thus stealing all of the percentages owed the Promotion company.

No matter how hard you try, there are always going to be disagreements that arise. We try our best to handle them properly. 

After 12 years, I have learned that the customer IS NOT always right.

However, I do believe this person's contract WAS cancelled and I hope there are no hard feelings.

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