Consumer complaint received 2021-12-31
Company: Jim Bottin Enterprises, Inc
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I registered for an account with XXXX XXXXXXXX XXXX through an online marketing promotion that was stated to be {$15.00} per month for a membership. The company tried to debit my account 3x in one day for the initial payment which sent me a fraud alert. I went to the gym next day and addressed the issue expecting it to be an error, the employees working the counter said that I needed to read the fine print and that the amount they actually take is for 2 months including " last month payment '' rather than the first only as stated on the advertisement which I registered through. I decided to cancel because this was a red flag and he the multiple employees at the counter just agreed and said they understand because it happens all the time. 

The next week another charge for monthly dues ( {$16.00} ) was debited from my account, and I called to ask why it was not canceled and the employee said I would have to call the corporate office, which I did and they stated I have to mail a form in to cancel the membership, and that it can not be done via phone or in person. I then call back to the location and speak to XXXX the General Manager who states to come in and do it in person, I reluctantly went and told the front desk staff the situation and they had me sign a piece of paper, and took my name to give to XXXX to cancel and refund. 

A week later an annual fee of {$54.00} is deducted from my account and I call in again to the corporate office and speak to XXXX who informs me that I have not canceled and again need to go to the location and cancel, but since I am out of state at the time I can call the General Manager XXXX and he can do it and submit a refund. I call the location and speak to XXXX who is extremely uninterested in assisting and is very combative stating he never got any cancel requests from me prior. Again he states I need to come in and cancel the membership, it is the only way to do so and he will refund the fees which was not possible based on proximity. 

Since then I have been still been getting the monthly charges to my account, on XX/XX/XXXX I went to the location again and made sure to get documentation stating I fully canceled the membership, and ask for a refund. The employee gave me a business card to XXXX XXXX XXXX and stated to call them for the refund, it was a false number but I researched and found them, got 2 people to state that the membership was STILL not canceled and that they do not have any ability to issue refunds, it is all done by the location manager. I drive directly back, the employee showed me into XXXXXXXX XXXX office where he was sitting with my account already pulled up and immediately was combative stating I have never talked to him, I have never tried to cancel, he will not issue any refunds because he doesn't have to and I do not have " pictures '' of the documents I signed so I walked out realizing this was not going to be a productive conversation. 

I called the corporate office again spoke to XXXX the receptionist, XXXX again, and then XXXX. XXXX represents herself as the " manager of all locations '' and immediately turned the conversation into an argument stating she had done all her research into the matter. She also stated that she will not refund any amount, there was never a cancelation request and my next payment will be debited on XX/XX/XXXX, but will now process a cancelation. After many times of being cut off while I am speaking she started putting me on hold saying she will " put me in timeout until I calm down. '' This is what sparked me to get upset, and call back to speak to XXXX who stated that I should have read the fine print and tried to argue with me about the contract legalities which I asked if he represents the company as their Attorney and he stated he is not and he is just the receptionist. I could tell that is has been happening so long to so many customers that it has become a game to them, and have been allocated too much power without accountability and now they feel invincible. 

I am spending time to file this complaint and get an investigation conducted into their operation because my story is so similar to the thousands of online reviews about the company, and even hundreds of employee reviews which I have attached a sample amount. I have seen so many other consumers calling XXXX a scam artist, and the company as a whole unethical and even demanding it be shut down. 

The CEO XXXX XXXX has recently been doing XXXX and XXXX videos stating " I look at people, systems and accountability. Who are my people? What systems are in place, and what level of accountability? '' However there is zero accountability for these employees fraudulent activities, and they are being caught mishandling consumer information by creating false accounts, not allowing members to cancel or complete the process legitimately. All of these employees are a liability and nearing the company for a class action lawsuit, which seem inevitable with the repeated unethical practices, fraudulent bank debiting tactics, refusal to disclose proper agreements, refusal to cancel or refund improperly debited funds.

Company response to consumer: Closed with explanation