Complaint Review: Fitnessblowout.com - Los Angeles California
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- Author Confirmed
- Fitnessblowout.com 10780 Santa Monica Blvd., Suite 320 Los Angeles, California USA
- Phone: (800) 348-4537
- Web: Fitnessblowout.com
- Category: Alternative Health
Fitnessblowout.com Fitness warehouse 4 less canceled order Los Angeles California
*Consumer Comment: Similar Scenario
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I purchased a bowflex t5 mid-June for 799.00. I never received the bowflex. I canceled my order thru email to Jim Rosen because I could never access the website. Then I call my credit card company and canceled payment. A couple of days later I received a threatening letter from Jim Rosen, President of the company...
Jim Rosen
Jul 26 (3 days ago)
to me
Karen,
Your refund request was submitted after we received your email below. it takes approximately 5-10 business days for refunds to be issued and appear on your account. It is quite disturbing that you contacted your credit card company considering your refund was being processed by our accounting department and you made no further attempt to email.
Our Legal Department views your dispute with your credit card company as a hostile action as I don't see any emails requesting status of the refund following your 7/18 request. Your action now makes a very simple refund much more complex and messy. First of all, you have not won the chargeback. Your bank returns the funds during the dispute process until a final decision is rendered.
If we receive notification from our bank of a dispute, our Legal Department will stop the refund back to your card and vigorously defend our policies because of the action you chose to take. They will also report your account to all three credit bureaus Experian, Equifax, and TransUnion which will adversely affect your credit rating and require you to satisfy this matter prior to being able to obtain credit, refinance a loan, or obtain a credit card. I'm sorry you chose this hostile path but if you want to avoid the above, I will instruct my Legal Department to not take further action and speak to Accounting tomorrow morning to confirm status of your refund, conditional on you calling your credit card company and withdrawing your dispute. If you don't confirm immediately that you have withdrawn the dispute, I will be forced to stop Accounting from processing your refund and all bets are off. You can text my cell phone 310-505-4888 with further correspondence as I am behind on emails. We can close this matter tomorrow or escalate, it's up to you.
Jim Rosen
President
"Celebrating 30 Years!"
800-348-4537 ext. 201
800-FIT-4-LESS
He really knows how to handle customer service.
This report was posted on Ripoff Report on 07/29/2015 01:45 PM and is a permanent record located here: https://www.ripoffreport.com/reports/fitnessblowoutcom/los-angeles-california-90025/fitnessblowoutcom-fitness-warehouse-4-less-canceled-order-los-angeles-california-1245136. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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#1 Consumer Comment
Similar Scenario
AUTHOR: Jeff - (USA)
SUBMITTED: Thursday, May 04, 2017
I hope that you were able to resolve this situation to your favor. I too, recently recieved a similar email when filing a dispute after 50 days of non-delivery. I made several attempts to contact Fitness Warehouses 4 Less to receive updates on shipping dates, carriers, and tracking numbers. I received one response, from Jim Rosen himself, saying my shipment was in "the last stages of delivery." Two weeks later, I requested cancellation and refund. They did not respond. Two days after this, I sent a letter to the cancellation department asking, once again, for a refund, but with a response deadline. I followed up with a text message to Jim Rosen informing him of my actions and telling him he had 24 hours to respond. He provided a lengthy response via text that stated, in short, that the fault for my situation resided with every organization involved, other than his company. He sent another, unsolicited text a few hours later saying his legal department had reviewed my letter and found "descrepancies" in my message. In other words, he called me a liar. I received an email the following day from David Laurnoff, offering to cancel my order for a restocking fee in the amount of $679.80 and a shipping reimbursement in the amount of $1396, for a total of $2075.80, which is roughly 2/3 the price of the purchased item. I declined the option, as I have no proof, nor can they provide any, that the item was ever shipped. On 4 May 2017, I received the following from David Laurnoff, along with a pre-filled SC-100 (small claims lawsuit):
To proceed without any cancellation fee's, we can deliver immediately and offer the longest trial period on the web, a full 60 days with a Money Back Guarantee.
If you do not wish to cooperate, they will move forward with the Lawsuit and will see you in front of the judge in Los Angeles, CA.
If we do not hear from you within the next 24 hours we will proceed with turning over your account toLeavenworth Financial Services a third party collections agency who will report your owed debt to all three credit bureaus (Equifax, Experian, and TransUnion) as well a small claims suit (see attached form)."
For everyone's situational awareness, please know that the Federal Trade Commission's Mail, Internet or Telephone Order Merchandise Rule (MTOR) provides the following:
"The MTOR further requires a seller to seek the buyer’s consent to the delayed shipment when the seller learns that it cannot ship within the time stated or, if no time is stated, within 30 days. If the buyer does not consent, the seller must promptly refund all money paid for the unshipped merchandise."
If you order an item and the company does not ship within the timeline outlined in the MTOR, the merchant is legally obligated to advise you, request an extenstion for delivery, and reimburse your expenditure if you choose not to agree to an extension. Please do not allow Jim Rosen and Fitness Warehouses 4 Less convince you otherwise. Per FTC mandate, you have 60 days after a purchase to file a chargeback dispute with your fiancial institution. Jim Rosen's team will try to double-talk, delay, or otherwise ignore you until you pass the 60 day mark. He reinforces this effort by requiring that you use his equipment for 60 days before you can return for reimbursement, which also takes you past federal guidelines for chargeback. You can still file a chargeback dispute after 60 days, but you are less likely to get your money back. Know your rigths, under federal and state law, to protect yourself as a consumer. Merchants in the form of Fitness Warehouses 4 Less count on unknowledgable customers to maximize their profits. The interwebs are littered with costomer complaints on elongated shipping timelines, poor customer service, shipping the wrong item, charging the customer before confirming the equipment is available, refusing to honor warranties, refusing to provide refunds, agreeing to provide refunds (upon threat of a chargeback or lawsuit) after the customer returns the equipment (at the customer's expense) and not following through on reimbursement, etc. As an aside, I did not dispute Jim Rosen's shipping process, as I have no reason to doubt that his company does intend and does attempt to get your purchased merchandise to your provided address. However, all merchants are subject to MTOR, and a merchant's company policies and processes should not come at the expense of paying customers.
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