Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:02/13/2024

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Jan 9 **** Beach Body Bodi charged ************** $179.00 which I did not authorize. I have been trying for days to get someone to call me back and no one has. This is stealing. I never authorized this purchase. *******************************

  Business Response

  Date: 02/16/2024

  Hello ********,
  
  We have thoroughly reviewed your complaint, account details and customer service contacts.???
  On January 9, 2022, you purchased an annual Beachbody On Demand membership. When you placed the order, you checked the box to accept the Terms and Conditions. Within those terms you agreed to automatic renewals, which required you to cancel the membership to prevent future charges and eliminate access.
  Our records show that the BODi Upgrade email notification was sent to your email address on file on December 5, 2023. At the time you had the ability to manage your membership prior to the renewal date.
  Your annual BODi membership renewed on January 9, ****. The annual BODi membership was cancelled on February 12, ****. You will continue to have access until January 9, 2025.
  Were unable to approve your request for a refund outside of our 30-day money back guarantee period due to the following policy:
  For digital memberships, the 30-day money back guarantee only applies to the initial order date. Membership renewals are not eligible for a money-back guarantee. Please view the following money back guarantee FAQ for additional details: ****************************************************************************.

  Sincerely,
  BODi

  Customer Answer

  Date: 02/16/2024

   
  Complaint: 21290423
  
  I am rejecting this response because:  I never authorized any renewal and I have never used their services ever and I did not even know that I had a membership with them.  They do not have the right to charge me for a membership I did not authorize.  This is a scam on their behalf.  
  
  Sincerely,
  
  *******************************

  Business Response

  Date: 02/21/2024

  Hello ********,

  Your annual Beachbody On Demand membership was purchased online via our website on January 9, 2022. If you think that your bank card has been compromised, we strongly encourage you to reach out to your financial institution to report this matter immediately. You may also want to review your account activity and report any unauthorized transactions to your financial institution. Generally,they're able to take the appropriate action to protect your account. If your bank determines that the charges on your account are suspicious and within their policy, they generally have processes to help support you.

  Sincerely,
  BODi

• Initial Complaint

  Date:02/13/2024

  Type:Customer Service Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  **** on demand refuses to refund my money for a service that they can document I never used. See the following. Per your denial to refund my unused membership; Will forward this to my attorney. You have two sets of rules. Letting people use the service for 30 days and refunding their money while not refunding money to someone you can see never used the service by you checking my account. As I mentioned, my brother in law died during the trial and my uncle was hospitalizated. Both in SC. I live in **. You cannot keep money from someone who never used the service. Also, my deepest gratitude for not taking into consideration the death in my family or my uncles hospitalization. Obviously health and well being are your utmost concern. Will forward to the States Attorney General fraud division as well.

  Business Response

  Date: 02/16/2024

  Hello ******,
  
  We have granted a one-time exception and issued a refund for your BODi renewal charge on February 16, ****. Please allow five days to receive depending on your financial institution.
  
  Sincerely,
  BODi

  Customer Answer

  Date: 02/16/2024

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  ****************************************************

• Initial Complaint

  Date:02/13/2024

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I've been a member of Beachbody On Demand for a long time now and have never had issues until recently. First off I was never notified of my annual renewal happening. I've been emailed every year to inform me that my renewal would be happening soon. Also I was never informed pricing had changed from last year of $119 to $179. These are honestly the least of my issues. I was emailed that my saved payment wouldn't process the order for my yearly renewal which is weird but not crazy. However while checking a different bank account not connected to my beachbody account and not a saved payment there was a payment for the $179. When I made a chat with a member I was told it's a policy that beachbody can access any account they wish to process a payment. Again this payment was not a saved one so how do you have the information to access this account? The policy number I was given was 4464 and it states they and the bank can UPDATE a card but doesn't give them permission to access a completely different account that is not saved to my account nor that they have permission to use. I contacted my bank as well and they do not work with 3rd parties nor give access to other accounts that are not saved payments. They should not be able to access accounts that are not saved or ones they have no permission to use. I would like to know how they even got access to that account unless I used that account once to process a payment and that was it. I did not save it on file for future uses.

  Business Response

  Date: 02/20/2024

  Hello ****,
  
  Upon reviewing your account, we have confirmed that on January 31, 2023, you purchased an annual Beachbody On Demand membership on Beachbody.com. When you placed the order, you checked the box to accept the Terms and Conditions. Within those terms you agreed to automatic renewals, which required you to cancel the membership to prevent future charges and eliminate access.
  
  We have also confirmed that the same payment method used to purchase your annual Beachbody On Demand membership is the same payment method used for the renewal.
  
  The reason you are seeing a different card number on teambeachbody.com, is because you purchased through a separate website.
  
  Your annual Beachbody On Demand membership renewed on January 31, 2024. A refund as processed on February 11, 2024. Your annual BODi membership was cancelled on February 11, 2024. No further charges will be processed.
  
  Sincerely,
  BODi
  

• Initial Complaint

  Date:02/13/2024

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I received an email clearly stating that my auto-renewal of my **** membership was cancelled then was charged twice for 1 membership (two $189.74 payments both on January 8th were deducted from my CC). I received a cancellation email for my auto-renewal and my yearly membership was cancelled the same day it was set to renew; I then processed a new order to be able to take advantage of a promotion. I was charged twice for 1 service, but under the same name, account, and email. I have reached out to the company's customer service which is difficult to get into contact with and they have refused to correct this issue. I was told by a customer service representative when I asked, "So I have now paid twice for 1 membership?" The **** representative responded, "Yes." As a customer, if my initial membership was not cancelled, then **** should not have processed another membership for the same person, that is unethical, deceitful business practices and down right stealing from customers, not inline with a company endorsed by the BBB. I am asking for a refund of $189.74 per the email sent to me on January 8th that stated:Hi *******,Your Order/Subscription has been cancelled based on your request or due to an issue with your order.Order # *********

  Business Response

  Date: 02/14/2024

  Hi *******, 

  Our team has performed an extensive review of your account, service contacts and membership. Before we get into resolving your issue, theres a couple of things wed like to point out that will help you understand how we got here

  The subscription was cancelled by the user using the self service portal on our website.
  During the cancellation flow, the user was presented with language that advised if they selected cancel immediately and not within 30-days of their initial sign up order, there will be no refund issued. The user continued with the cancellation accepting the terms of no refund.
  We offer a very generous 30-day MBG on new subscriptions see our public policy here **************************************************************.

  The user cancelled a renewal order, which is not an "initial order and is not eligible for a refund.
         When the user cancelled their subscription, they were classified as a non-subscriber which allowed them to purchase a promotional offer for the same product on 01/08/2024.
         The user contacted our service team on 02/13/2024, which is outside of the generous 30-day MBG period of the new order (user contacted ******* after new purchase).

  In Summary, had the user not proceeded with the cancellation when the terms were presented; or contacted us within 30-days of placing the new order our agents would have been able to resolve this in real-time. The agents also presented the user with our Policy Dispute process (which the user refused). This process allows users who disagree with our policy or feel that theyre deserving of an exception to escalate their concern to secondary review team. This team has additional access and would have completed a thorough investigation of the user account to determine if an exception to policy was warranted.

  After reviewing your account, were inclined to make a one-time exception and ***** a refund in the amount of $189.74 for the renewal order processed on 01/08/2024. The refund has been processed to the account used to make the original purchase. Please allow for 3-5 business days for your financial institution to process the refund request. If not received within 5 business days, please contact your financial institution.

  Please let us know if you have any additional questions. 

  Sincerely,

  BODi

  
  

• Initial Complaint

  Date:02/13/2024

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I received an email from Beachbody about a three month trial membership. I signed up for the trial and call them one day after the membership cancellation and they refused to give me my money back. Stating that they cannot refund renewal. I called and spoke with a manager and the manager stated the same thing. For a company that make millions of dollars they dont care about people health they care about money.

  Business Response

  Date: 02/15/2024

  Hello ******,

  We have confirmed that on November 10, 2023, you purchased a quarterly BODi membership. When you placed the order, you checked the box to accept the Terms and Conditions. Within those terms you agreed to automatic renewals which required you to cancel the membership to prevent future charges and eliminate access. Like all memberships that auto-renew, you will continue to receive access and be billed regardless of usage until you take the action to cancel.

  Your quarterly BODi membership renewed on February 10, ****. Your quarterly BODi membership was cancelled on February 12, ****. You will continue to have access until May 10, ****.

  Were unable to approve your request for a refund outside of our 30-day money back guarantee period due to the following policy:
  For digital memberships, the 30-day money back guarantee only applies to the initial order date. Membership renewals are not eligible for a money-back guarantee. Please view the following money back guarantee FAQ for additional details: ****************************************************************************.

  Sincerely,
  BODi

• Initial Complaint

  Date:02/12/2024

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I have been a purchasing customer at ********************** on Demand since 2018. On 09/14/2021, I restarted my annual streaming service for $99. On 07/25/22, about six weeks before my subscription renewed, I received an email explaining that the annual price would be increasing to $119.88 - that renewed on 09/14/2022. I received no further emails regarding price changes. On 09/14/2024 when the subscription renewed, the new price was $179. I did not catch this at first as we were heading into the holidays - So, when I reviewed my statements, I went online to cancel my subscription. Two options were given, one to immediately cancel the subscription and receive a refund and the other to keep using the subscription till the end. I elected to cancel immediately. As I did not receive a refund, I called the company. The customer service person refused me a refund stating that I "missed" that they would only refund if it was within 30 days of purchase - I asked for a prorated refund and he refused. Why would anyone choose the option to cancel immediately (canceling their online access) if they wouldn't get any money refunded? NOT ONLY did they fail to notify me of the price increase from $119 to $179 - but they will not refund me any money. OUTRAGED.

  Business Response

  Date: 02/16/2024

  Hello ******,
  
  We have thoroughly reviewed your complaint, account details and customer service contacts.???
  On September 14, 2021, you purchased an annual Beachbody On Demand membership. When you placed the order,you checked the box to accept the Terms and Conditions. Within those terms you agreed to automatic renewals, which required you to cancel the membership to prevent future charges and eliminate access.
  Our records show that the BODi Upgrade email notification was sent to your email address on file on August 10, 2023. At the time you had the ability to manage your membership prior to the renewal date.
  Your annual BODi membership renewed on September 14, 2023. The annual BODi membership was cancelled on January 8, ****. You will continue to have access until September 14, ****.
  When cancelling your BODi membership, you are presented with two options. The Cancel Auto-Renewaloption explains that you will have access until the end of your current billing cycle. The Remove Access Immediately option explains that if you are within 30-days of your initial sign-up you would receive a refund.
  Were unable to approve your request for a refund outside of our 30-day money back guarantee period due to the following policy:
  For digital memberships, the 30-day money back guarantee only applies to the initial order date. Membership renewals are not eligible for a money-back guarantee. Please view the following money back guarantee FAQ for additional details: ****************************************************************************.

  Sincerely,
  BODi

• Initial Complaint

  Date:02/12/2024

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Bodi, formerly Beachbody uses deceptive practices. I canceled my membership years ago. They continued to charge me (up to $700) in recurring subscription fees, despite me canceling my membership. They make it impossible to cancel your account. You cannot speak with a representative. The phone number the provide is just an automated message without any means to speak with a representative. The online system allows you to speak to a bot but not a human. They are not helpful in applying for a refund or cancel your subscription. Back when it was Beachbody you could actually speak with a representative, which is how I canceled my subscription in the first place. Overall, the company uses deceptive business practices, makes it difficult to cancel your account and fraudulently charges you once your membership is supposedly canceled. Buyer beware!

  Business Response

  Date: 02/15/2024

  Hello *******,

  We have thoroughly reviewed your previous contacts and account details. We have confirmed that on January 19, 2019, you purchased a Beachbody On Demand membership. When you placed the order, you checked the box to accept the Terms and Conditions. Within those terms you agreed to automatic renewals which required you to cancel the membership to prevent future charges and eliminate access. Like all memberships that auto-renew, you will continue to receive access and be billed regardless of usage until you take the action to cancel.
  Upon further reviewing your account, we were unable to locate any prior contacts requesting the cancellation of the annual Beachbody On Demand membership.

  Our records show that the annual BODi Upgrade email notification was sent to your email address on file on December 07, 2023. At the time you had the ability to manage your membership prior to the renewal date.
  Please note,customers are able to cancel their membership online via self-service, phone, or SMS text. Please view our account management FAQ: *****************************************************************************.
  Your annual BODi membership renewed on January 11, ****. Your annual BODi membership was cancelled on February 12, ****.

  As a one-time courtesy, we have issued a refund for the most recent annual BODi renewal charge on February 15, ****. Please allow five days to receive depending on your financial institution.

  Were unable to approve your request for a refund outside of our 30-day money back guarantee period due to the following policy:
  For digital memberships, the 30-day money back guarantee only applies to the initial order date. Membership renewals are not eligible for a money-back guarantee. Please view the following money back guarantee FAQ for additional details: ****************************************************************************.

  Sincerely,
  BODi

  
  

  Customer Answer

  Date: 02/15/2024

   
  Complaint: 21282595
  
  I am rejecting this response because: I canceled my membership and yet the company Bodi, formerly Beachbody, conveniently cannot find the cancelation. This is fraudulent. I stumbled upon the charge on my statement, and maybe the onus is on me to check and ensure that when I cancel something it is actually canceled; but I also believe that companies should be honest and not deceptive in their business practices.
  
  Sincerely,
  
  ***************************

• Initial Complaint

  Date:02/12/2024

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Business unknowingly charged $187.85 from my bank account without my permission or knowledge. I signed up for products in Feb 2023 from a coach and specified for no auto enrollment or repeat shipments. This business is very deceiving and doesnt give you a chance to talk or explain your cause. Thats hard earned money and a product I do not want! Why would a company charge me one year later? I do not associate with or want to receive products from Beachbody. I havent ordered from them in a year and then get charged this crazy amount without my permission with no product to show for which I wouldnt want anyways. I think the beachbody coaches scam you to put extra money in their pocket.

  Business Response

  Date: 02/15/2024

  Hello Crystal,

  We have thoroughly reviewed your previous contacts and account details. We have confirmed that on February 12, 2023, you purchased a Total Solution Pack. Your package included a monthly Shakeology subscription and an annual BOD+BODi membership. When you placed the order, you checked the box to accept the Terms and Conditions.Within those terms you agreed to automatic renewals which required you to cancel the membership to prevent future charges and eliminate access. Like all memberships that auto-renew, you will continue to receive access and be billed regardless of usage until you take the action to cancel.

  On February 19, 2023, you cancelled your monthly Shakeology subscription online via self-service.

  Our records show that the annual BODi renewal prebill email notification was sent to your email address on file on January 11, ****. At the time you had the ability to manage your membership prior to the renewal date.
  Your annual BODi membership renewed on February 12, ****. Your annual BODi membership was cancelled on February 12, ****. You will continue to have access until February 12, 2025.

  Were unable to approve your request for a refund outside of our 30-day money back guarantee period due to the following policy:
  For digital memberships, the 30-day money back guarantee only applies to the initial order date. Membership renewals are not eligible for a money-back guarantee. Please view the following money back guarantee FAQ for additional details: ****************************************************************************.

  Sincerely,
  BODi

  Customer Answer

  Date: 02/15/2024

   
  Complaint: 21282460
  
  I am rejecting this response because: I did not agree to the hidden terms or conditions and am not the only client to file same said complaint. I also did not receive an email from Beachbody or I would have certainly not agreed to any product as I never agreed to a yearly membership. 
  
  Sincerely,
  
  *****************************

  Business Response

  Date: 02/21/2024

  Hello Crystal,

  The terms and conditions were acknowledged at the time of purchase as there are required check boxes next to each term. Our records show that the annual BOD+BODi renewal prebill email notification was sent to your email address on file on January 11, ****. At the time you had the ability to manage your membership prior to the renewal date.

  Your annual BOD+BODi membership renewed on February 12, ****. Your annual BODi membership was cancelled on February 12,****. You will continue to have access until February 12, 2025.

  Were unable to approve your request for a refund outside of our 30-day money back guarantee period due to the following policy:
  For digital memberships, the 30-day money back guarantee only applies to the initial order date. Membership renewals are not eligible for a money-back guarantee. Please view the following money back guarantee FAQ for additional details: ****************************************************************************.

  Sincerely,
  BODi

• Initial Complaint

  Date:02/11/2024

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Upon cancelling BODi for ***************** ********************* ************), the system asked to choose between two options.1) retain access until 4/30/24 without renewal or 2) immediate cancellation with a pro-rated refund.We chose a refund and havent seen it. We are expecting 3 months worth to be refunded.We filed with the company and they denied, saying we were beyond a 30 day Monday back guarantee. This isnt what were seeking. The system clearly stated we would get a prorated refund.

  Business Response

  Date: 02/14/2024

  Hello ****,

  When cancelling your BODi membership, you are presented with two options. The Cancel Auto-Renewal option explains that you will have access until the end of your current billing cycle. The Remove Access Immediately option explains that if you are within 30-days of your initial sign-up you would receive a refund.

  Upon reviewing your account, we have confirmed that your initial sign up was on January 16, 2020, when you enrolled into a Beachbody On Demand membership with a 14-day free trial.
  Your annual BODi membership renewed on April 30, 2023. The annual BODi membership was cancelled on January 31, 2024.

  Were unable to approve your request for a refund outside of our 30-day money back guarantee period due to the following policy:
  For digital memberships, the 30-day money back guarantee only applies to the initial order date. Membership renewals are not eligible for a money-back guarantee. Please view the following money back guarantee FAQ for additional details: ****************************************************************************.

  Sincerely,
  BODi
  

  
  

  Customer Answer

  Date: 02/14/2024

   
  Complaint: 21278898
  
  I am rejecting this response because:

  I do not believe the 30 day window was made clear on the cancellation page and believe the business should have been more upfront about that, otherwise, keeping access until the end of the business cycle would have been more prudent.  We cancelled because the pop up suggested a pro rated refund.

  Sincerely,
  
  *****************

  Business Response

  Date: 02/21/2024

  Hello ****,
  
  The Money Back Guarantee timeframe is explained at the time of purchase. **** does not offer prorated refunds.
  
  The Remove Access Immediately option explains that if you are within 30-days of your initial sign-up you would receive a refund.
  Your initial sign-up date was on January 16, 2020, which is outside of our 30-day Money Back Guarantee timeframe.

  Sincerely,
  BODi

• Initial Complaint

  Date:02/07/2024

  Type:Service or Repair Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Beachbodys annual autorenewal was processed as expected on Feb 6. I would have had no issues with this, were it not for the fact that my family lost its primary income source, without warning, on Feb 5. In my shock and grief, canceling a fitness membership within 24 hours was the last thing on my mind, and I did not remember its existence until the charge happened the next day. When I contacted the company to beg my circumstances, I was first hung up on, and then curtly informed via chat that no refund would be given.Although the option of a refund is available for 30 days after initially joining beachbody, it will never be offered again, and absolutely no exceptions are made. The company cares nothing as long as it has your money. This is abysmal and predatory customer service, and I will not be supporting Beachbody again, even should I be in a position to do so. Attaching email records supporting proof of termination.

  Business Response

  Date: 02/12/2024

  Hello ****,

  We have processed a refund for your recent annual BODi renewal on February 12, 2024.

  Please allow five days to receive depending on your financial institution.

  Sincerely,

  BODi

  Customer Answer

  Date: 02/12/2024

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. I appreciate being treated with humanity and compassion in this situation and would suggest that Beachbody make a formal policy of assessing these things on a case-by-case basis. 
  
  Sincerely,
  
  *************************