Action: Internet provider restores service

I signed up with the Internet service provider dotNOW, which offered lifetime service for a one-time fee of $19.95. About a month after service started, I had some computer problems, and when I finally got it up and running, dot.NOW had vanished. I have been unable to contact dot.NOW to reinstate service. At this point, I have paid for Internet access, and I am not getting it. JohnStonehouse

Response: We forwarded your complaint to dotNOW at the end of January but never heard back, so we were glad to get your note that you were finally contacted and told your account would be reopened.

Canceled fitness contract

I joined Lifestyles Family Fitness Center in Seminole on May 8, on my doctor's orders. I complained about the loud music, which hurt my ears and asked, very politely, for the music to be turned down. The staff refused, so I wrote to the head of the organization. Some improvements were made, but not nearly enough.

I have a "4-week comfort guarantee" certificate from the club stating that if within the time limit you are not happy, you can get a refund of the money that has been paid. When I told the club I was leaving and wanted my $207.24 back, a club representative said I would not get a refund. As you can see by the note I got from one of the club's employees, I fulfilled the conditions of the guarantee and visited the facility three times a week. Also, my card was scanned every time I went. Is there anything Action can do to help me in this situation? Leonard Surizon

Response: John Masters, member service manager for Lifestyle Family Fitness in St. Petersburg, said members are presented with a certificate when they join that they sign, agreeing to the terms, conditions and requirements for the comfort guarantee. The terms are clearly printed on every certificate. You did not complete the requirement to attend three times a week for four weeks. Instead, he said you had an employee sign a note to say that he saw you three times a week for a period of four weeks. This employee, however, had worked less than 40 hours the entire month in question. You also did not fulfill the other clearly stated requirement to sign in each time on a separate register. Masters said your membership was canceled as a standard cancellation with no refund due.

We're sorry we couldn't help, but your situation illustrates the need to read and comply with all conditions for canceling contracts. While these are often buried in the fine print, in this case they are clearly and legibly spelled out on the certificate.

Waiting for bracelets

I ordered two magnetic bracelets from North Shore Direct on Nov. 12, but never received them. I placed five calls to the company, but not once did anyone get back to me. I have enclosed a copy of my check showing it was cashed. Any help you can give me in receiving the bracelets or my money back would be appreciated. Barbara Cran

Response: We forwarded your complaint to North Shore Direct in Great Neck, N.Y., at the end of January, but just now heard from it. The company's Mike Ryan said your bracelets were shipped on Jan. 18. If you have not received them, Ryan said to let the company know (you can do so through us), and they will be reshipped. We pass on the same message to Miriam Lengyel, who was also waiting for her magnetic bracelets.

Parade was bypassed

In response to an ad in the paper, my friend and I decided to take a Mardi Gras trip to Biloxi in February. We sent in the required $119 per person and received an itinerary by return mail. When we arrived in Biloxi, we were informed the itinerary was changed, and we would see the night rather than the afternoon parade, because it was more exciting. The next day, we were informed that we would not see the Mardi Gras parade in Biloxi at all. Instead, we would see the one in Gulfport. No explanation was given for the change.

The only reason I took this particular trip was to see the Biloxi parade, so I feel I deserve a refund of $30 since the company advertises trips to Biloxi without the parade at $89. In addition, a week after we responded to the ad, the same trip was advertised at $99. I have been unsuccessful in getting a refund and hope you will be able to obtain it for me. Libby Shear

Response: According to the letter you received from the travel agency, hotels take advantage of holiday times by raising their rates, and this is why the trip cost $119. As the time for departure grew near, it became evident that the trip was in danger of being canceled for lack of participation, hence the offer of the $99 last-minute deal. Since the $99 per person price was actually below the agency's cost, just enough passengers were booked to make the trip a reality, and further bookings were cut off.

With regard to the parade, the owner of your agency said that because the police blocked off the traffic, it became impossible to get from the casino to the parade viewing site the agency has used for years and which you, in turn, have enjoyed on past trips. The agency had no control over this change and did not know of it in advance. As a result, it denied you a refund.

While we can understand your disappointment at not seeing the night parade, the agency's explanation is reasonable, and an alternative was offered.

-- Action solves problems and gets answers. If you have a question, or your attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

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