If you want the corporate PHONE NUMBERS, read to the bottom!
I signed up for their "exceptional service and creative programs, Body of Change Personal Trainers can design program to help deliver you best results." (from their 5 Benefits of Personal Training brochure) Toby, the assistant manager, told me that I would receive customized exercise programs, nutrition assessments, and monthly body assessments. I relied on these statements and acts to my detriment.
These statements were misleading and false as none of what Toby expressly told me took place. Toby stated that I would see better results faster with a personal trainer than without one. These misleading statements by Toby are a violation of 17.46 (b) (7), (9), and (24) of the Texas Deceptive Trade Practices Act (DTPA). It is also a violation of 702.402 (a) (2) (C) of the Texas Health Spa Act.
Toby recommended a certain trainer, Michael. Michael gave me subpar service. The advertising states that I would receive exceptional service and creative programs. Michael took me from weight machine to weight machine. He is ISSA certified, which can be obtained over a two day seminar. Anyone can do this! That is not a creative program. Misrepresenting the qualifications of Michael is a violation of 702.402 (a) (2) (A) of the Texas Health Spa Act.
I could not cancel the contract within the three-day time period allowed in the contract, because Toby scheduled my first training session six days after the contract was signed.
The advertising had many false and misleading statements. The advertising states workouts with cross training. Nothing like that was done. There was no program develop[ed] specific to [my] needs. Michael, the trainer, did not teach [me] principles of exercise. He did not even know the names of the muscles the machines were working. These false advertisements are a violation of 17.12 (a) (1) and (2) of the Texas DTPA.
The statements from Toby and from the advertising induced me into the contract. This is a violation of 17.12 (A) (2) and 17.46 (b) (24) of the Texas DTPA.
Because of the false and misleading statements, the contract is void under 702.311 (1) and (3).
I spoke to Toby about the lack of service and a weight gain of four (4) pounds in June. He told me to wait another two months to see results. After two months of poor service, no body assessments and no results, I spoke with Melvin, the manager. Melvin had me see another trainer, Jonathan. Melvin also told me that he would give me my Basal Metabolic Rate (BMR) on September 12. Melvin broke his promise. There was no BMR done. Jonathan was not a better trainer.
After much frustration, I spoke with Toby on September 17, since Melvin was not there. Toby said he would tell Kyle Anderson my full situation. Toby said that I would receive a substantial refund either monetarily or through session restoration. Toby called me on September 18 with an unsatisfactory response. He told me I could receive a month of free training for the lack of service provided. That is not substantial.
On September 19, I personally met with Kyle Anderson. Toby did not tell Mr. Anderson the full story, as he promised me. Mr. Anderson and I agreed to two possible results to resolve this matter before I filed a lawsuit. The first result was a full financial refund of $773 (the amount that was charged to my account at that time) and a complete cancellation of the contract without penalty. The second result discussed was a full refund of the training sessions used (27 sessions), a four-month freeze on the account without charge, training with a different trainer at a different Body of Change, and a complete financial refund, if there is no satisfaction or results after the four-month new trial.
I gave Mr. Anderson until 5pm on September 21 to contact corporate and decide on the possible outcome. Mr. Anderson called me at 4:30pm on September 21 to tell me he had no answer from corporate yet. He called me again on September 26 with still no answer from corporate. I called Mr. Anderson on September 30 for an update. I spoke with Mr. Anderson on October 1. He told me that corporate did not agree to either of the options above. Corporate counter-offered with a restoration of 16 sessions, a 2-month freeze on the account without charge and a refund of $156 charged to my Visa on September 28.
I did not find this counter-offer satisfactory. One of the reasons I was induced into the contract was because of the free additional training sessions. The additional sessions lowered the price per training session and made it affordable for me. Toby told me I had to decide that day (May 15) in order to receive the free sessions. I could not wait another day.
My VISA has been fully supportive of my case and refunded my money plus refused to allow BOC to charge anything else to my card. Thank you Chase VISA!
I filed a complaint with the Texas Attorney General. If you have been ripped off, filed one too! Go to http://www.oag. State. Tx.Us/consumer/complain. Shtml
I contacted Chris Salcedo of CBS 11 news. Until I did that, nobody at Body of Change contacted me about my demand letter or any of my complaints. If you have a story about Body of Change email Chris Salcedo at cmsalcedo@ktxa. Tv
He is getting ready to do interviews and air the story, so contact him ASAP!
Kyle Anderson admitted to me and a credible witness that BOC did not fulfill its contract. BOC did not fulfill at least half of the things that we bargained for and I paid good money for. They breached the contract!
I paid for the sessions from my EMERGENCY savings account, which Toby knew. He stressed to me using this money would be so beneficial to my health, weight loss goals, and mental fitness (I was studying for the bar exam at the time!) that it would justify depleting my emergency funds!!!
Here are the corporate phone numbers, as I promised!
John Ramirez, Director of Member Relations 949-255-7239
Jimmy Jones, Chargeback and Dispute Resolutions 972-236-6405
Christi Pham, legal contact Call corporate office and ask to speak with her.
Kyle Anderson, VP of Training 972-965-8836
Jill Grulling, VP of Operations 949-255-7330
What they are doing is illegal. I graduated from law school; I know the law. If they can do this to me, they will do it to you! Save yourself and your money!!!
Dyal
Grand Prairie, Texas
U.S.A.
0 comments