Consumer complaint received 2016-11-03
Company: D.B.M.E., INC
State: NJ
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt was paid

Complaint:
Consumer 's geographic cancellation was effective on XXXX XXXX, XXXX ; and ( ii ) Consumer does not owe a balance to XXXX, because Consumer paid beyond membership dues up until and beyond the effective cancellation date. Consumer was not notified of debt collection through current contact credentials and XXXX did not respond to disputes relating the the debt. As a result, the debt collection method, as well as the debt validity, is invalid. 

I. Consumer Properly Cancelled Her Gym Membership at XXXX, Because She Gave Forty-Five ( " 45 '' ) Days ' Notice of a Geographic Move Greater than XXXX ( " XXXX '' ) Miles Away from XXXX. 

Under the XXXX Membership Agreement Terms and Conditions Section 2 ( C ), " [ y ] ou may cancel [ the Membership ] Agreement by providing forty five ( 45 ) days ' written notice in person at the XXXX or by certified or registered mail for any of the following reasons : ... C ) If you move your residence more than XXXX ( XXXX ) miles from any health club operated by Seller ( must provide satisfactory proof of new residence ). '' In XXXX XXXX, Consumer provided notice that Consumer would be leaving XXXX, due to Consumer 's residence being over XXXX miles as indicated in the XXXX Membership Agreement Terms and Conditions. As stated in XXXX XXXX, Consumer resided in XXXX XXXX, New Jersey, more than XXXX miles away ( XXXX miles to be exact ) from XXXX, a destination XXXX location. Forty-five ( " 45 '' ) days from XXXX XXXX, XXXX, would be XXXX XXXX, XXXX. Consumer paid dues for membership rights through XXXX XXXX, XXXX. 

Therefore, Consumer 's cancellation was effective on XXXX XXXX, XXXX, and Consumer does not owe membership fees past XXXX XXXX, XXXX, although Consumer paid for membership through XXXX XXXX, XXXX. 

II. Consumer Does Not Owe a Balance To XXXX, Because Consumer Paid Beyond The Date The Cancellation Became Effective. 

Under the Equinox Membership Agreement Terms and Conditions Section 2 ( E ), all monies, except initiation fee, paid pursuant to the contract cancelled for a reason stated in the contract, such as Section 2 ( B ), shall be refunded. 

As previously stated, Consumer 's contract cancellation was effective on XXXX XXXX, XXXX. Consumer paid final membership dues of {$180.00} on XXXX XXXX, XXXX, for membership through XXXX XXXX, XXXX. Thus, Consumer paid at least one month of additional membership, despite not using the XXXX facilities since XXXX XXXX. 

III. Consumer Did Not Receive Response from XXXX Relating to Debt Dispute, Nor Did XXXX Confirm Current Contact Information Prior to Initiating Collection Proceedings. 

XXXX refused to update Consumer 's records with current address and contact information where Consumer could receive mail following the move. Instead, Consumer was informed of the balance through a third party startup, XXXX in XXXX XXXX. Consumer did not receive written notice through any current contact information from the debt collection agency and XXXX did not confirm Consumer 's changed contact credentials after Consumer informed them of the move. 

Conclusion Therefore, Consumer does not owe a balance to XXXX, and its collection agency affiliates ( including Dutchess Adjustment Bureau ), because ( i ) Consumer 's geographic cancellation was effective on XXXX XXXX, XXXX ; ( ii ) Consumer paid membership dues up until and beyond the effective cancellation date ; and ( iii ) because Consumer did not have adequate written notice of debt from the debt collection agency since XXXX refused to obtain Consumer 's current contact information and refused to address Consumer 's dispute of the debt.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation