Additional Information for Metabolic Meltdown, LLC

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.