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Business ProfileforMetabolic Meltdown, LLC
Fitness Center
Current Alerts For This Business
Advertising Review:
BBB sent correspondence to Metabolic Meltdown on August 6, August 16, August 25, and September 30, 2021, regarding a consumer Ad Truth Report that was received stating, "They pull you in for a free month. Ask for credit information, but say they won't charge it. And then once your free month is up, they charge you no matter what. I was charged for months because they had fine print saying you needed to go in to cancel, during a pandemic, when BOTH my friend and I caught Covid."
BBB requested copies of the business contracts and any other information provided to consumers regarding the Free Month offer which have not been provided.
BBB reviewed advertising for the Free Month offer on the website, https://www.wearemetabolic.com/. The business did modify their advertising to include more information about the Free Month offer on their FAQ's page, however, the Free Month offer does not link directly to this information. On the free month offer page, there is no option to link to any other pages, only a form to fill out to sign up for the Free Month offer.
The FAQ's page states,
"WHAT HAPPENS AFTER MY FREE MONTH?
The Free Month Will Automatically Roll Into A 12 Month Annual Contract (Peak Or Non-Peak Membership), However,This Can Be Cancelled At Any Time Within The Free Month Period."
BBB's concern is that this question states, "WHAT HAPPENS AFTER MY FREE MONTH", but states that cancellation of the 12 month contract has to occur during the free month. This information should be disclosed in a clear and conspcuous location in close proximity to the free month offer.
"HOW DO I CANCEL MY FREE MONTH?
Cancellation Must Be Done In Person At Your Studio."
BBB's Concern is that cancellation has to be done in person and that only information is provided on how to cancel the free month. New York State s1475 amendment a states there must be "a cost-effective, timely, and easy-to-use mechanism for cancellation." https://www.nysenate.gov/legislation/bills/2019/s1475/amendment/a
BBB's Code of Advertising #18. Negative Option Plans, Continuity Plans and Automatic Shipments states:
18.1 Any advertisement for a product or service that includes an offer to sell or provide consumers with additional goods or services under a negative option feature must include a clear and conspicuous disclosure of all material terms of the negative option feature.
18.2 Such material terms include:
18.2.1 The existence of the negative option feature;
18.2.2 The cost of the additional goods or services;
18.2.3 How consumers can cancel and avoid future shipments and charges; and
18.2.4 How consumers can return items that they do not want.
18.3 Advertisers must avoid making disclosures that are vague, unnecessarily long or which contain contradictory language.
18.4 Advertisers must not interpret the consumer’s silence, failure to take an affirmative action to reject goods or services, or failure to cancel the agreement, as consent to enroll the consumer in the negative option feature. Instead, they must ensure that the consumer affirmatively consents (either online, over the phone, or in person) to the negative option feature before enrolling the consumer in the plan.
BBB's Code of Advertising #14. “Free”
14.1 An advertiser may use the word “free” in advertising whenever the advertiser is offering an unconditional gift. If receipt of the “free” product or service is conditional on a purchase:
14.1.1 The advertiser must clearly and conspicuously disclose this condition with the “free” offer (not simply by placing an asterisk or symbol next to “free” and referring to the condition(s) in a footnote); and
14.2 The “free” offer should be temporary; otherwise, consumers may view it as a continuous combination offer, no part of which is free. Thus, where it would otherwise confuse consumers, a product or service must not be advertised with a “free” offer in a trade area for more than six (6) months in any 12 month period. At least thirty (30) days must elapse before another such offer is promoted in the same trade area.
14.6 Whenever such an offer is made advertisers must make clear at the outset all the terms and conditions of the offer.
To date, the business has not responded to our inquiry.
BBB requested copies of the business contracts and any other information provided to consumers regarding the Free Month offer which have not been provided.
BBB reviewed advertising for the Free Month offer on the website, https://www.wearemetabolic.com/. The business did modify their advertising to include more information about the Free Month offer on their FAQ's page, however, the Free Month offer does not link directly to this information. On the free month offer page, there is no option to link to any other pages, only a form to fill out to sign up for the Free Month offer.
The FAQ's page states,
"WHAT HAPPENS AFTER MY FREE MONTH?
The Free Month Will Automatically Roll Into A 12 Month Annual Contract (Peak Or Non-Peak Membership), However,This Can Be Cancelled At Any Time Within The Free Month Period."
BBB's concern is that this question states, "WHAT HAPPENS AFTER MY FREE MONTH", but states that cancellation of the 12 month contract has to occur during the free month. This information should be disclosed in a clear and conspcuous location in close proximity to the free month offer.
"HOW DO I CANCEL MY FREE MONTH?
Cancellation Must Be Done In Person At Your Studio."
BBB's Concern is that cancellation has to be done in person and that only information is provided on how to cancel the free month. New York State s1475 amendment a states there must be "a cost-effective, timely, and easy-to-use mechanism for cancellation." https://www.nysenate.gov/legislation/bills/2019/s1475/amendment/a
BBB's Code of Advertising #18. Negative Option Plans, Continuity Plans and Automatic Shipments states:
18.1 Any advertisement for a product or service that includes an offer to sell or provide consumers with additional goods or services under a negative option feature must include a clear and conspicuous disclosure of all material terms of the negative option feature.
18.2 Such material terms include:
18.2.1 The existence of the negative option feature;
18.2.2 The cost of the additional goods or services;
18.2.3 How consumers can cancel and avoid future shipments and charges; and
18.2.4 How consumers can return items that they do not want.
18.3 Advertisers must avoid making disclosures that are vague, unnecessarily long or which contain contradictory language.
18.4 Advertisers must not interpret the consumer’s silence, failure to take an affirmative action to reject goods or services, or failure to cancel the agreement, as consent to enroll the consumer in the negative option feature. Instead, they must ensure that the consumer affirmatively consents (either online, over the phone, or in person) to the negative option feature before enrolling the consumer in the plan.
BBB's Code of Advertising #14. “Free”
14.1 An advertiser may use the word “free” in advertising whenever the advertiser is offering an unconditional gift. If receipt of the “free” product or service is conditional on a purchase:
14.1.1 The advertiser must clearly and conspicuously disclose this condition with the “free” offer (not simply by placing an asterisk or symbol next to “free” and referring to the condition(s) in a footnote); and
14.2 The “free” offer should be temporary; otherwise, consumers may view it as a continuous combination offer, no part of which is free. Thus, where it would otherwise confuse consumers, a product or service must not be advertised with a “free” offer in a trade area for more than six (6) months in any 12 month period. At least thirty (30) days must elapse before another such offer is promoted in the same trade area.
14.6 Whenever such an offer is made advertisers must make clear at the outset all the terms and conditions of the offer.
To date, the business has not responded to our inquiry.
At-a-glance
Overview
Health and Wellness
Business Details
This is a multi-location business.
- Location of This Business
- 20 Lower Hudson Ave, Green Island, NY 12183-1001
- BBB File Opened:
- 6/26/2019
- Years in Business:
- 12
- Business Started:
- 1/1/2012
- Business Incorporated:
- 4/7/2015
- Licensing Information:
- This business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.
- Type of Entity:
- Limited Liability Company (LLC)
- Alternate Business Name
- Metabolic Colonie
- Metabolic Clifton Park
- Metabolic Delmar
- Business Management
- Mrs. Kirstie Harris, Business Manager
- Ms. Kate Parsons, Human Resources Manager
- Contact Information
Principal
- Mrs. Kirstie Harris, Business Manager
Customer Contact
- Mrs. Kirstie Harris, Business Manager
- Additional Contact Information
Email Addresses
- Primary
Customer Complaints
8 Customer Complaints
Need to file a complaint? BBB is here to help. We'll guide you through the process. How BBB Processes Complaints and Reviews
File a ComplaintMost Recent Customer Complaint
01/24/2024
- Complaint Type:
- Billing Issues
- Status:
- Answered
On 11/20/23, I gave Metabolic a 30-day notice of cancellation of my membership. I am normally billed every 19th of the month. However, my account went through a freeze as I was going to be in Guam from 12/1/23-12/27/23. My account with Metabolic was paused from 11/28/23-12/27/24 and set to start again on 12/28/23. Per the contract, to cancel a month to month membership, a “30 days notice preceding its expiration” is required. On the Metabolic Fitness app, my membership expires on 1/19/24 and will be billed for renewal that same day. Metabolic fitness has been trying to charge me for a renewal of my account saying that I did not give them enough notice. I have kept all contact with Metabolic through emails or messages. Here is what their studio manager had to say: “ Thanks for the clarification. I’m so sorry for all this back and forth. From our communication, it looked like you wanted to freeze your account. If you want to proceed with canceling, since you were billed on 11/19 and you asked for cancellation on 11/20, you are still required to give one more payment per the 30 day notice in your contract. Once we process the 1/19 payment, I can send over cancellation paperwork and your account will be active until 2/19.”
Read MoreCustomer Reviews
1 Customer Reviews
What do you think? Share your review.
Most Recent Customer Review
Rachel M
1 star
08/24/2023
I was a member at Metabolic in Liverpool for 5 months. I decided to cancel my membership due to health problems. I knew full well that I would have to pay a cancelation fee, give 30 days notice and also still be charged a one month fee per the contract. When I went in to the location Kelsey D****** was at the desk. She stated she was the regional manager and not the studio manger and she could not cancel my membership until the studio manager came back. When I told her my reason for quitting was medical reasons she proceeded to ask invasive medical questions that were completely inappropriate. She then told me I had to have a doctors note if I wanted to cancel. I then said I am unable to do that so I just want to then traditionally cancel and pay whatever fees I needed. She continued to aske invasive and inappropriate questions and proceeded to give medical advice on something she knows nothing about. It clearly states in the contract that they are not to give medical advice. She was pushy and manipulative and would not let up with her condescending comments and inappropriate questions about my medical status which is a clear HIPPA violation. She finally told me the studio manager would contact me about cancelling. The studio manager was also pushy through text messages but eventually sent me what I needed to sign to cancel the membership. The entire experience was very frustrating and felt like a violation of my personal health information that they had no business asking questions about or giving advice for.
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