Consumer complaint received 2022-03-22
Company: DISCOVER BANK
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
Per The Fair Credit Billing Act, I am able able to dispute a charge when merchants provide unsatisfactory goods or services or fail to provide promised goods or services. 

After a free trial class on XX/XX/22, I signed up for a membership for unlimited classes for {XXXX} at XXXX XXXX XXXX XXXX. I was told classes book up so be sure to book classes in advance using your app. 
I was asked to inital using a keyboard, normally contracts are printed and a customer signs it with a pen after reading through it. I went home and was not able to book any classes in the app, it kept telling me buy more classes. My photo i took that day was showing up so I was confused why it was telling me to buy classes. I called, and they told me they would look at it next time. This was my first " free '' class. Next time was two days later, my first class with the membership.When I arrived they asked to take my photo. I asked what for and they said because you signed up last time. I told them i already had a photo taken and it is showing up in my app, but the app still says that i need to buy more classes. That is when they said they would submit a ticket. I dont know what exactly that meant but they said it could take 24 hours. I was told i needed the heart rate moniter which cost {XXXX} seperate charge to the card on file, to keep track of my workouts and make sure i was in the orange zone during the workout, the whole point of there membership is the " orange zone '' so you know your calorie burn following the workout. Come Saturday, my app is still not working. I told the 4 people that were standing around the front desk that day. One replied, we see that we submited a ticket. Apparantly, waiting for that ticket to close. Six days after signing up I am still not able to schedule classes in my app in advance, cancel classes in the app, or log my workouts and have it sync with the heart rate moniter. Therefore, the app was unsatisfactory so the promised goods were not delivered from using the heart rate moniter. 

As another attempt to get there attention once I found it it is a franchise and could not get a resolution from a 1800 number, I submit a complaint to the XXXX  hoping a manager would respond with a resolution that would be satisfactory. After a month, the complaint was unanswered and it is now closed. 

I got an email randomly from orange theory that sent me fake statistics of a " completed workout '' It stated i had done a workout, and emailed me calories burned. This enraged me because I was not there that day, and still waiting to hear back from them. 

I called Discover Credit Card to put a stop payment on the automatic billing with the gym. He also told me how we could dispute the qaulity of service. I told them go ahead. Days later, i get a letter from Discover that said we have put a stop payment, make sure the merchant know to stop billing. I sent another email stating i havent been able to resolve my issue in a timely manor, please do not bill me anymore. That same day, weeks after the XXXX and dispute, the first attempt from the manager reaching out to me. He told me that I would still be charged next month billing cycle because they did not get a 30 day notice. I did in fact, give them plenty notice that my app wasnt working therefore the heart rate moniter couldnt sink to it. I was very surprised this was the response I got from management. Espeically when they advertise on there website the following : " We are confident you will be satisfied with your XXXX XXXX experience. In fact, if you are not satisfied after completing at least twelve ( 12 ) sessions, you will receive a refund for the monthly membership dues. OTbeat wearables and other retail sales are not refundable. 
At participating studios only. 
Offer valid for first time members only having a XXXX XXXX. All twelve ( 12 ) sessions must be completed within the first month of the membership start date at your home studio. A refund request must be made by contacting your home studio within the first month of membership. 
Individual results may vary, and you may not obtain your desired results after completing at least twelve ( 12 ) sessions. Neither XXXX XXXX, nor its employees, agents, or affiliates, make any representations, warranties, or guarantees as to the results that may be achieved from session participation or any information and/or related services provided. 
Participants are urged to always consult a medical professional or physician before participating in activity or starting an exercise program. '' I wast even able to take advantage of this promotion during the first month, therefore these charges for goods and services werent delivered as agreed. 

" A gym membership contract, like most other agreements may be void and unenforceable if induced to sign it with misleading information, representation, or advertising by the gym. '' I never received a copy and it was misleading to tell me i could book several classes in advance in the app, use the heart rate moniter to keep track of my XXXX XXXX in the app after every completed workout.

Company response to consumer: Closed with explanation