Complaint Review: 24 Hour Fitness - Calsbad California

At first glance, it may seem like an over-reaction for my wife and I to cancel our gym memberships simply because 24 Hour Fitness refused to exchange a defective music CD we purchased from them for $10.80. But this isn't the first time we've felt ripped off by the 24 Hour Fitness club located at 18645 Via Princessa, Santa Clarita, CA 91351.

Several years ago, my wife and I each pre-paid for 3-year memberships at this same 24 Hour Fitness facility. We also each prepaid for an individual Trainer for an initial period of time. Before 2/3rds of the Trainer sessions had been complete, my wife's Trainer stopped showing up and wouldn't return calls.

When we complained to 24 Hour Fitness, they told us that the Trainers were independent contractors, not employees, and there was nothing they could do. They did not refund, credit or prorate the unused Trainer sessions and they did not offer my wife another Trainer to complete the remaining prepaid sessions, so we stopped going to 24 Hour Fitness and wasted our 3-year memberships.

Recently my doctor told me I needed to lose weight and exercise. Since last year, I have lost 42 pounds and my wife has lost 37 pounds. This past Saturday (April 17) we decided to give 24 Hour Fitness another chance since their facility is closest to our home and the most convenient.

We went to the facility and spoke to Fitness Counselor Angie Diaz. We explained how we felt we had been ripped off by our previous 24 Hour Fitness experience, and she expressed regret and promised that things were different now. So after much hesitation, my wife and I both agreed to re-join.

Before leaving that day, I noticed they were selling a 24 Hour Fitness compilation music CD for $12. Ms. Diaz let us know that new members could get a 10% discount on all merchandise for the first 30 days, so I purchased the CD for $10.80 (+ 89 cents CA sales tax).

While listening to the CD a short time later, we discovered that it was defective distorted sound and skipping after track 5. So the next morning, at approximately 9 AM, I returned the CD and asked for an exchange. Not a refund. Just a simple exchange. I had the original receipt which clearly states: Purchases can be exchanged up to 30 days of purchase when accompanied by receipt. 24 Hour Fitness refused to exchange the CD. The desk clerk, Susan, said only the manager could exchange merchandise and said he would be in during normal business hours at 9 AM on Monday. I said I would not be in during normal business hours because I work 30 miles away in Hollywood. I asked her to call the Manager to authorize the exchange. She refused.

By now I was upset, so I said if she didn't exchange the CD, my wife and I would both cancel our new memberships under our 3-Day Notice to cancel rights and 24 Hour Fitness would lose two memberships worth over $1,200.00. She responded: Go ahead and cancel.

We did cancel our memberships, despite the fact that 24 Hour Fitness makes it extremely difficult to satisfy the 3-Day Notice requirements by requiring that the notice be sent to a P.O. Box in Carlsbad, California. They do not provide a Fax number or a physical delivery address for Telegrams, FedEx, door-to-door couriers or any other means of quick delivery. The only option is depending on the U.S. Postal Service to deliver the notice. Perhaps the State of California should require companies to provide full disclosure of their corporate information, including a physical address, a telephone number and a fax number to satisfy the 3-Day Notice requirements.

In any event, my wife and I believe 24 Hour Fitness should be investigated for refusing to exchange defective merchandise. I still have not received a replacement for the defective CD they sold me, and I believe this refusal is illegal.

cc:

Bill Lockyer

Attorney General

California Department of Justice

P.O. Box 944255

Sacramento, CA 94244-2550

Better Business Bureau

of the Southland

315 N. La Cadena

Colton, CA 92324

Santa Clarita Valley

Chamber of Commerce

23920 Valencia Blvd. Suite #100

Valencia, CA 91355

Eric

Santa Clarita, California
U.S.A.

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