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In Metropolitan New York, Long Island, and the Mid-Hudson Region

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BBB Accreditation

A BBB Accredited Business since

BBB has determined that New York Health and Racquet Club meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that raised the rating for New York Health and Racquet Club include:

  • Length of time business has been operating.
  • Complaint volume filed with BBB for business of this size.
  • Response to 22 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.


Customer Complaints Summary Read complaint details

22 complaints closed with BBB in last 3 years | 5 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 1
Billing/Collection Issues 7
Delivery Issues 0
Guarantee/Warranty Issues 2
Problems with Product/Service 12
Total Closed Complaints 22

Additional Information

top
BBB file opened: May 17, 2002 Business started: 01/01/1972
Type of Entity

Corporation

Business Management
Mr. Howard Brodsky, President
Contact Information
Customer Contact: Mr. Jeff Bodnar, Director of Operations
Principal: Mr. Howard Brodsky, President
Business Category

HEALTH CLUBS

Alternate Business Names
New York Health Club NYHRC

Additional Locations

  • 110 West 56th Street

    New York, NY 10019 (212) 541-7200

  • 115 East 57th Street

    New York, NY 10022 (212) 826-9650

  • 132 East 45th Street

    New York, NY 10017 (212) 986-3100

  • 1433 York Avenue

    New York, NY 10021 (212) 737-6666

  • 18 East 50th Street - 4th Fl.

    New York, NY 10022

  • 20 East 50th Street

    New York, NY 10022 (212) 593-1500

  • 24 East 13th Street

    New York, NY 10003 (212) 924-4600

  • 3 New York Plaza, 19th Floor

    New York, NY 10004

  • 38 Great Neck Road

    Great Neck, NY 11021 (516) 773-4888

  • 39 Whitehall Street

    New York, NY 10004 (212) 269-9800

  • 60 West 23rd Street

    New York, NY 10010 (212) 989-2300

  • 62 Cooper Square

    New York, NY 10003 (212) 904-0400

  • 1
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Types of Complaints Handled by BBB

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  • Advertising or Sales
  • Billing or Collection
  • Problems with Products or Services
  • Delivery
  • Guarantee or Warranty

We do not handle workplace disputes, discrimination claims or claims about the quality of health or legal services.

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BBB Complaint Process

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Additional Phone Numbers

  • (212) 220-0673(Phone)
  • (212) 797-1500(Phone)
  • (212) 797-1500(Phone)
  • (800) 472-2378(Phone)
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Complaint Detail(s)

6/2/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I bought a package in April 2012 for $500 for 10 half-hour swimming lessons. I believe I got a discount while signing up and the amount I paid was $472.50. I have my credit card statement. This was at the **** ****** *** **** location of New York Health & Racquet Club (NYHRC), **** **** ****** (at **** ******), *** **** ** *****. The club was unable to find me an instructor and whoever was there gave me one lesson (which they said was a trial/sample lesson to see if I got along with the instructor and liked their teaching style). These instructors left the club. The club never responded to any of my requests in a timely manner and I was mistreated and they kept me going round in circles. My company sponsored our gym membership and I was laid off last year. So my gym membership expired at the end of December 2013. I did not renew my gym membership as I am unemployed. I am fed up of dealing with the rude, unprofessional and inefficient people at NYHRC. *****, the gym person who said he was in charge (at **** * ****), apologized for the way I had been treated the past few years and promised to set things right. He verbally promised that I would get the money refunded to me. Then he was away for a while to get some surgery and after he returned he started avoiding me and asked me to contact their corporate office. I have been dealing with a lady called ***** *****. Below is her response to me. I find this unacceptable, outrageous and equivalent to daylight robbery. I want my money back. I would have loved to have actually received proper swimming lessons. But, they couldn't arrange for anything for me in two years and kept stalling and making me go back & forth and in circles. I am now fed up of NYHRC and do not trust anyone there. Email from ***** *****: "Unfortunately, as per your contract agreement, any services such as massages, personal training, swim lessons etc., are only valid when a membership is in effect & any unused balance (or sessions) are nonrefundable. You purchased these 10 half hours (5 hours) on 4/**/12. You were a member until 1/*/14. I'm really sorry that you did not complete those sessions within that time." This is her contact information - ***** ***** Member Services New York Health & Racquet Club ** **** **** ****** ****** ***** *** ***** ** ***** O: ###-###-#### F: ###-###-####

Desired Settlement: I just want my money back and do not want to ever have to deal with NYHRC again. Refund amount: $472.50

Business Response:

 

I've been out of the office for 2 weeks due to illness.  I am sorry for any delay

in getting back to you regarding the case #******.

 

I spoke to the people involved at our **** ****** Club. I looked at all the records

in order to be fair to ** *********.

 

I've enclosed a covering letter & additional information regarding the cost, the used

lessons, & the expiration date of ** **********s contract. 

 

 

Sincerely, 

 

 

***** *****

****** ******** *** **** ****** * ******* **** ** **** **** ****** ****** ***** *** ***** ** *****   ** ************ **  ************

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID# *******, and have determined that my complaint has NOT been resolved because:

I did not pay close to $500 to NOT learn and NOT take the swimming lessons I paid for. I wanted to learn how to swim. NYHRC had/has a lot of employee turnover and internal issues. ***** told me this himself in February 2014 and apologized for all the improper business practices they subjected me to. Every swim instructor I had quit NYHRC and I was shuffled around with no proper training or continuity in lessons. 


Please ask them to take responsibility for their poor management and customer service skills and reimburse me. This amount means nothing to them, but to me as an individual, it is a lot of money. I never got the service I paid for, the right thing to do is give me my money back. 

 

 

 

 

In order for the BBB to appropriately process your response, you MUST answer the question above.


Sincerely,

***** *********




 

BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable offer to resolve the complaint. However the consumer did not accept the offer.

2/19/2014 Problems with Product/Service | Complaint Details Unavailable
1/9/2014 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: The compliant centers around what I believe to be an inadequate refund by NY H&RC ("HRC') to consumer, *** *******. I believe I am owed an additional - $133.43 Events - I joined NY Health & Racquet Club – Great Neck, NY location – around 2005; - The membership was $999 for 24 months ($41.63 per mo.). I renewed several times after that date; - In 2011, I injured my knee and froze my membership (under terms of contract) for 4 months (provided doctor's note to HRC); - H&RC was presented with the note and accepted the freeze; Hence, I only had use of the facility for 20 months – not 24 months; - When I renewed my membership on 6/**/2012 through 12/**/14 – I have Contract & Receipt - NY H&RC gave me: 4 months credit for the knee / 2 months promotion / 24 month membership – through DECEMBER 2014; - Somewhere in the August 2013 time, HRC informed all members that the Great Neck lease would not be renewed and the Great Neck club would close on September **, 2013. I Spoke to manager at Great Neck and was told I would receive $624.38 (15 months left on contract x $41.63); - With 15 months left on my contract - NY H& RC refunds only $490.95. HR&C did not credit my four months and HRC doubled counted. I had 15 months left remaining on my contract (at $41.63 per month) of the 24 months - $624.38 - $490.95 = $133.43; I paid for 4 months which I did not receive under the previous contract; - When I tried to explain that I am out 4 months – I was basically told we are busy refunding 2,000 members and “it is what it is. Go ahead and complain to the BBB and Attorney General. You think I care” - ***** *****

Desired Settlement: Refund of $133.43

Business Response: To Whom It May Concern:

This letter is in response to *** *** *******'s complaint.  *************'s previous contract had expired 5/**.  When he joined  on 6/**/12, he was given 6 additional free months.

As per *** *******' s signed contract, free time added to a contract is not considered when calculating any refund that is due.  He mentions that he was given some additional months due to an injury in 2011 .  That time would have been added to the contract which he had at that time.

Since our club closed on 9/**/13, as a good will gesture, we did consider any free time that was given to all those members. *** ******* paid $999.00 for 30 months (913 days) which is $1.09 per day. The membership was in effect from 6/**/12 to 9/**/13. We refunded for the 457 remaining days. The refund amount was $498.95.

I've spoken to *** *******. He wants us to calculate the refund based on 24 months (730 days). This would make the daily fee $1.37. He wants the remaining 457 days based on that amount. This would make the refund amount $624.03.

Unfortunately, *** ******* cannot have it both ways. If we calculate based on 24 months, then the free time is not considered. The refund would be based on 273 remaining days for a refund amount of $373.60.

I've enclosed a copy of the contract. I've marked the part which states that free time is not considered.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID# *******, and have determined that my complaint has NOT been resolved because:

 

December 20, 2013

Case: #*******

To Whom It May Concern:

It is *** ***** who wants it both ways.  These months are not free months – as she suggests.  She is referring to the wrong section of the contract.      

These 4 months are owed to me - under Section #6 – Membership Freeze.    My rollover of 4 months was due to an injury. 

Previous to rejoining in June **, 2012, I had a 24 month contract (for $999) in which I used only 20 months due to my knee injury. Because of the injury, I decided to “freeze” my membership – Refer to Section #6 – Membership Freeze (Contract & Doctor’s note was provided).  The manager at the Great Neck facility approved it. 

As per my verbal agreement with HR&C management at Great Neck at the time of the injury, and more importantly as part of the Terms of the Membership Commitment – Section #6 - “a time freeze is effective upon members’ request to a manager”.  The manager approved my request. 

When I renewed the 6/**/12 contract, the manager at Great Neck (not me) said HR&C will just add the owed 4 months because of the injury to your new contract.  Hence, this is why the contract goes beyond 24 months.  The manager at Great Neck realized HR&C owed me 4 months and gave me a new contract to reflect that.  The Great Neck facility doesn't offer membership for $999 for 30 months (24 plus 6 free months).  Plain and simple.  This is not difficult to understand.  

*** ***** wants me to: 1) pay the full amount ($999 for 24 months) from 5/**/10 – 5/**/12 - when I only used 20 months; 2) ignore the agreement between me and the manager and; 3) ignore their own terms and conditions - Membership Freeze section; and 4) call these months free when I “froze” my membership.

HR&C is double charging.  This is not right.

In short, HR&C should refund my four months for the contract between:

-          5/**/10 – 5/**/15  or

-          refund my four months under my new contract. 

*** ***** cannot have it both ways.

Regards

 

*** *******

 

 

 

 

In order for the BBB to appropriately process your response, you MUST answer the question above.


Sincerely,

*** *******




 

Business Response:

To Whom It May Concern:

This is the 3rd notice that we've received. I got a notice on  11/**/13 which I replied to on 11/**/13 by fax. I thought that was sufficient.  I now understand that you want me to
reply again.

I run enclosing the papers that I had sent previously. As I had stated, our club at Great Neck closed on 9/**/13. *** ******* signed up for a new 2-year contract on 6/**/12. He received 6 free months. As per the contract agreement, free time is NOT considered when calculating any refund that is due.

Since we were closing the club, as a good will measure, we included all the free time in our calculations. *** ******* contacted us after the refund of $498.95 was issued. He wants the math based on 24 mouths & be refunded for the additional.457 remaining days based on those calculations. This would be a double refund.

I've enclosed the previous cover letter & the contract copy.

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

12/5/2013 Problems with Product/Service | Complaint Details Unavailable
11/11/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I joined this Gym's Great Neck location in September of 2012 and prepaid a 27th month membership.In September of 2013 the gym closed....I have tried reaching corporate office for prorated refund and and cant get a response. I either get a voice mail with mailbox full or when I do get to a place where I can leave a message , I dont get an answer from that part of the company.I also dont get a response from my email.As of now this company has stolen my money and I cant even speak to anyone. I had heard recently that they may lose their Great Neck lease. Whether they choose to not renew or lost lease I dont know but I do know they took money for services to run through end of 2014 when they knew their lease could well expire in September of 2013.

Desired Settlement: I would like a prorated refund for unprovided services.I paid $999 for 27 months of service and received 12 so I would like 15/27 of my money back approximately $555

Business Response: To Whom It May Concern:
*** **** ****** was a member of our Great Neck Club. We closed that club due to the loss of our lease on 9/**/*3.  On *0/**/*3, we processed a refund of $559.05 back to the same amex # that *** ****** used to purchase the membership.

On *0/*/*3, we sent a confirmation e-mail to *** ******  at e************.

I've enclosed a printout with the dates of communication with *** **** ******.  I've also enclosed the printout showing the refund of $559.05.

If any additional information is required, don't hesitate to contact me.

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

7/25/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: On Tuesday, February **, 2013, I found out that New York Health and Racquet Club has been charging my monthly membership fees to a credit card without my prior authorization. I have been a member of NYHRC since April 1997. Ever since then, my monthly membership fees have been processed by NYHRC by Electronic Funds Transfer from my checking account. Withouth authorization, and without securing my prior approval, NYHRC changed their billing to one of my credit cards. The information about my credit card was obtained fraudulently: I had used this credit card to purchase personal training sessions from NYHRC. Billing for personal training sessions is separate from billing for monthly membership dues. At no time has NYHRC informed me that they were switching my billing, from EFT from my checking account, to credit card. When I confronted the General Manager at NYHRC, by the name of ****** ******, he offered an impertinent, rude and disdainful attitude towards my complaint. He refused to provide a printout of my account activity, showing the billing. He refused to provide a copy of my written authorization to NYHRC for using my credit card. He also prevented me from attending my personal training session with my trainer, which was scheduled for *** on Tuesday, February **, 2013. On Wednesday, February **, 2013, I place a phone call to *** *** ****, at NYHRC Customer Relations. *** **** did not answer his phone, and did not return my phone call.

Desired Settlement: ****** ******, the NYHRC General Manager, should be reprimanded for his attitude towards, and treatment of, a customer, if not fired. NYHRC must provide a written explanation for the unauthorized credit card charges.

Business Response:
ID#*******

 
Dear ** ***** ******:
   
** ***** ******** came into our ********************** on 2/**/13.  He was stopped for a past due payment.  Member claimed that he shouldn't be billed by  credit card & that he is currently being billed by bank draft. ** *********** was told that we do not draft account payments.  After being told that, ** ********* went on to say that his lawyer will be calling us for fraudulently using his credit card for payments.
 
Our gym manager, ****** *******, showed member the credit card on the account, verified his information & showed him &printed out his billing statements. Member still claimed that he did not give that information. When member was not at all receptive, ****** ******* gave ** ********* his business card. Member left stating his lawyer would contact us. ** ****** stopped at our ************ on 2/**/13.  As per his request, we cancelled his contract as requested. On 2/**/13, I refunded member for the unused personal training sessions. Refund of $327.00 was credited back to this member's credit card.
 
Our manager, ******* ******, was doing his job & did nothing wrong.  I am sorry that ** ******** was upset.  He had been a member in good standing for a long time.
 
 
 
 
Sincerely,
                                          
****** *******
Customer Service Manager

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID# *******, and have determined that my complaint has NOT been resolved because:

 
NYHRC is continuing its stream of contradictory statements in the hope that this dispute will just go away by means of attrition.

Meaning, I will get bored with it. Please rest assured: I fully intend to see this matter through.

Most interesting quote from the latest NYHRC reply:

"1. ** ********** ** **** that has been billed monthly as of 6/**/11 until his membership was cancelled. The ** # was given to us verbally by *** *******. Members change their credit card numbers due to lost or stolen credit cards & just because they want a different card to be charted. Most of the time it is done verbally over the phone or in person. Rarely are numbers changed by email or in other manner of writing".

"2. I am the only one that has replied to all the 4 complaints made by *** *******. I've been consistent with all my replies".

About #1: It is not true that NYHRC does not require written authorizations for credit card charges, or changes. To wit, every single time I've purchased personal training sessions from NYHRC, using a credit card, I had to sign a credit card receipt, as well as a written contract outlining the Terms and Conditions, and method of payment. This contract was printed on NYHRC letterhead. I have copies of all my NYHRC personal training contracts in my posession.

About #2: While I appreciate ** ******* efforts in answering my questions, her answers have been anything but consistent, or honest.

Fortunately, NYHRC has provided me with sufficient materials for filing a complaint with the NY State Attorney General's Office.

I look forward to providing NYHRC the opportunity to explain its "verbal" credit card authorization policy, absent any discernable consent from the credit card holder. I suspect that the Attorney General's office will have a sharply different view on this matter.

Sincerely,

***** ** *******

 

In order for the BBB to appropriately process your response, you MUST answer the question above.


***** *******




 

Business Response: 7/**/13
 
ID# *******
 
To Whom It May Concern:
 
About #1---** ****** has been a member since 1997.  He has the type of membership which was being charged monthly.  He used the club on a regular basis.  He had his ****# updated several times.  The last time was on 6/**/11. As I had written before, almost all credit card changes on current memberships are done verbally by the member. If there is a new purchase made--such as personal training packages, a new contract is written. This of course is done in writing.
 
About #2: All my replies have been consistent & honest. ** ****** was upset when he was stopped at our **************** because of a past due payment by the manager on duty on 2/**/13.-I've since given ** ********* his history of visits, payments, the dates that his **** #s had been changed & all other information that he requested.
 
As soon as ** ******* stated that he no longer wanted to be a member on 2/**/l3, we cancelled his contract, we refunded him for the unused personal training sessions ($327.00).----What ** ****** wanted was for us to fire the manager that had stopped him.  That manager was doing his job & therefore we did not fire him. As I had written in my first reply on 3/**/13, I’m sorry that our association with ** ******* ended in this manner.
 
 
 
Sincerely,
 
****** *****
Customer Service Manager

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

5/15/2013 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: I got a membership to this health club but I am not able to use it because I am ***********. I would like to put the $1000 fee I paid toward being able to work privately with a trainer there - individual sessions. This is something I am able to do given my condition. The facility offers this service however they are not allowing me to put my money toward it. I find this to be obscene and extremely upsetting.

Business Response: Dear ****** ******,
 
** ***** **** purchased a membership 9/**/12.  This contract expires in 11/**/13. This allows her to use all our clubs which includes swimming, steam rooms, whirlpools, saunas, partake in any of our scheduled classes, & have usage of the equipment.
 
In order to take personal training sessions, one has to be a member of NYHRC.  The personal training sessions are not included in the membership.  There are additional fees to purchase those.
  
** **** paid $1,099.00 for a membership last September.  She cannot take $1,000.00 from that amount to purchase personal training. The membership is not interchangeable with training.
 
I've enclosed the copy of the contract.
 
Best regards:
***** *****
Customer  Service Manager

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

3/18/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: I joined NY Health and Racquet Club when I lived on **** ****** in Manhattan in May of 2010. I moved in February 2011 and resigned in around April of 2011. I went to the site to cancel (**** ******) many times and they finally told me to write a letter to cancel my membership. I wrote that letter in April of 2011. After many months I noticed they were still charging me. I called and went down to the club many times and then wrote another letter in November of 2011. My credit card is my corporate business card. There are many charges and I scan the invoice each month to make sure there is nothing unusual. Since I had made many efforts to cancel my NYHRC membership, it never dawned on me that they would still be charging me. Recently I gave all my statements to my father for tax purposes. He asked me if I still belonged to NYHRC and I told him I had resigned long ago. He then told me they were still charging me and had been for almost 2 years. The charge is listed as "****NY Health and Racq". I am sure when I saw *** it never occured to me to look further because I do shop at *** ****** *** **** and I also take clients to lunch there. My mother, who is my partner, called NYHRC on **** ****** after not being able to find a corporate number. The agent who answered the phone promised to get in touch with corporate. My mother asked to be called back that day or the following at the latest. Of course they never called back. That was 2 weeks ago. She called the credit card company today who will put the last 3 months into dispute. She also found a corporate NYHRC number and will call them today. There are also many articles online about the scams at NYHRC. When my mother was a member in the late 70's to early 80's, there was a scandle about NYHRC continuing to charge their clients even after they had resigned so, dishonest policy is not unusual for them. When my mother spoke to the asscoiate at NYHRC she told her that the resignation letter had to be certified. Would have been nice if they had told me that 1 1/2 years ago. I did go to the post office today and I sent a certified letter of resignation along with many of the scam articles I found on line. It amazed me that I had to pay to cancel my membership. If the NYHRC checks their records, they will see that I have not been there for almost 2 years. When you arrive at the club you have to scan your membership card in order to gain entrance. There is absolutely no activity on my membership.

Desired Settlement: I want the money back that they have been charging me since April 2011 and want them to change their poilcy. There is no reason the physical person, with a membership card, should not be allowed to cancel their membership at each location. They should be required to surrender their membership card at that time so they would have no access to the club and their membership could be de-activated on the NYHRC computer system, which I am sure they have, immediately. The reason they make it so difficult is the exactly why I have been charged dishonestly for so many years. It is a scam. It should be illegal.

Business Response: 3/*/13
 
Dear ********** ******
All cancellation requests are done in writing.  As per the contract agreement, notice of cancellation is done by registered or certified United States mail to our corporate office at ************************.                                                                                          .
The first time I heard from ** ******* was on 6/**/12.—She told me that" she had cancelled over a year ago. I asked her to forward the postal receipt. I was told that she no longer had that. I sent her the cancellation affidavit & asked that she send it back. I let her know that I would cancel her before next debit date so to please send it back as· soon as possible. The next time we heard from this member was from her mother; **** *****, on 2/*/13. She was upset that her daughter still was not cancelled. Member's mom stated that the form was sent. When we asked for a postal receipt, We were told the form did not specify that it needed to be sent by certified/ registered mail. 
 
We looked at the form that I had been sent.  It did not specify that the request for cancellation needed to be send by certified or registered mail.  We cancelled member as of the first date I spoke to her--- 6/**/ 12.  We refunded her for the 7/**/12 through
1/**/13 charges & cancelled the contract on 2/**/13. · The refund amount was $58.8.00.
We confirmed this with ** *******.
Best regards,
***** ******
Customer service manager

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

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