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Group action against bounts for breach of consumer law
BronwenWPhoenix • 24 Jun 2017
201 signatures
Category: Customer Service
Target: Customers of Bounts
Lost your BOUNTS? Left with points you can't use? Feel like you've
wasted your time trying to redeem your efforts for vouchers that were
constantly out of stock? Can't get a refund? Sign and leave your comments and any screenshots you'd like to submit. Those who have already signed will be able to also add their screenshots soon.

My name is Bronwen Winter Phoenix, and I was approached recently by Soapbox after publishing my article, 'Can This Popular Fitness App Bounts Back?' (which you can find here) - it covered the fact that Bounts has recently moved the goal posts of its service, leaving many members out of pocket, and in some cases with thousands of points they had built up over months and even years, now rendered practically useless.

Since then, some customers have managed to receive refunds, but many have not. I, like thousands of others, have been left feeling frustrated and without answers about why this sudden change occurred with no prior warning. It's also been brought to my attention that some members have been suspended and their refund requests removed from their accounts, without due cause.

Not only that, but Bounts seems to be contravening the unfair contract terms set out by the government, which state:

"A right for one party to alter the terms of the contract after it has been agreed, regardless of the consent of the other party, is under strong suspicion of unfairness. A contract can be considered balanced only if both parties are bound by their obligations as agreed."

"A reasonableness requirement is most likely to be acceptable where fairminded persons in the position of the consumer and supplier would be likely to share a common view as to what would be 'reasonable'- for example, where a 'reasonable charge' clearly means a charge sufficient to meet specific open-market costs."

"A clause which allows the supplier to vary what is supplied is most likely to be considered fair if it is clearly restricted to minor technical adjustments which can be of no real significance to the consumer, or changes required by law.

If the intention is to permit changes that are more significant, but still only limited in scope, another approach is possible. This is to ensure that the consumer fully understands and agrees to the change in advance. The contract will need to set out clearly what variation might be made, and in what circumstances, and define how far it can go, for example if the consumer orders goods of a certain colour but agrees to accept one of a range of others if that is not available."

Many had started to simply donate their points to charity, thinking some good would still come of them, but now it appears the "charity donation" seems to be a reward for those who raise money for Cancer Research UK, rather than a monetary donation to the charity itself - which is not clear from merely looking at Bounts' website.

Whether you've lost money or not, please sign this campaign if you want Bounts to be investigated for potentially breaching ASA regulations, the Misrepresentation Act 1967 and Unfair Trading Regulations and contravening the unfair contract terms as stated above.

UPDATE: Since posting my campaign yesterday morning, #Bounts have continued to delete comments and block members from simply asking questions via Facebook. They have requested all members now send their questions via the Bounts website, rather than posting them publicly.

They continue to claim their new system is 'fairer', yet so many feel cheated out of their money and all the effort they put in to build up their points - which they now have to spend again to enter into raffles in order to be in with a slim chance of winning any money back. This does not seem like a "fairer system". In fact, it seems contrived.

I will continue to update this campaign with additional information.

Also join this group for further help and read Martin Lewis's Money Saving Expert's coverage of the campaign.

21.11.16 UPDATE: Under the Consumer Rights Act 2015, digital content should be of a satisfactory quality, fit for purpose and as described. Our rights have been breached because the digital content bounts sold us is not what we originally paid for. We would like to be refunded immediately. The reasonable period for this has now passed.
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Why should people sign?
Lost your BOUNTS? Left with points you can't use? Feel like you've
wasted your time trying to redeem your efforts for vouchers that were
constantly out of stock? Can't get a refund? Sign and leave your comments and any screenshots you'd like to submit. Those who have already signed will be able to also add their screenshots soon.

My name is Bronwen Winter Phoenix, and I was approached recently by Soapbox after publishing my article, 'Can This Popular Fitness App Bounts Back?' (which you can find here) - it covered the fact that Bounts has recently moved the goal posts of its service, leaving many members out of pocket, and in some cases with thousands of points they had built up over months and even years, now rendered practically useless.

Since then, some customers have managed to receive refunds, but many have not. I, like thousands of others, have been left feeling frustrated and without answers about why this sudden change occurred with no prior warning. It's also been brought to my attention that some members have been suspended and their refund requests removed from their accounts, without due cause.

Not only that, but Bounts seems to be contravening the unfair contract terms set out by the government, which state:

"A right for one party to alter the terms of the contract after it has been agreed, regardless of the consent of the other party, is under strong suspicion of unfairness. A contract can be considered balanced only if both parties are bound by their obligations as agreed."

"A reasonableness requirement is most likely to be acceptable where fairminded persons in the position of the consumer and supplier would be likely to share a common view as to what would be 'reasonable'- for example, where a 'reasonable charge' clearly means a charge sufficient to meet specific open-market costs."

"A clause which allows the supplier to vary what is supplied is most likely to be considered fair if it is clearly restricted to minor technical adjustments which can be of no real significance to the consumer, or changes required by law.

If the intention is to permit changes that are more significant, but still only limited in scope, another approach is possible. This is to ensure that the consumer fully understands and agrees to the change in advance. The contract will need to set out clearly what variation might be made, and in what circumstances, and define how far it can go, for example if the consumer orders goods of a certain colour but agrees to accept one of a range of others if that is not available."

Many had started to simply donate their points to charity, thinking some good would still come of them, but now it appears the "charity donation" seems to be a reward for those who raise money for Cancer Research UK, rather than a monetary donation to the charity itself - which is not clear from merely looking at Bounts' website.

Whether you've lost money or not, please sign this campaign if you want Bounts to be investigated for potentially breaching ASA regulations, the Misrepresentation Act 1967 and Unfair Trading Regulations and contravening the unfair contract terms as stated above.

UPDATE: Since posting my campaign yesterday morning, #Bounts have continued to delete comments and block members from simply asking questions via Facebook. They have requested all members now send their questions via the Bounts website, rather than posting them publicly.

They continue to claim their new system is 'fairer', yet so many feel cheated out of their money and all the effort they put in to build up their points - which they now have to spend again to enter into raffles in order to be in with a slim chance of winning any money back. This does not seem like a "fairer system". In fact, it seems contrived.

I will continue to update this campaign with additional information.

Also join this group for further help and read Martin Lewis's Money Saving Expert's coverage of the campaign.

21.11.16 UPDATE: Under the Consumer Rights Act 2015, digital content should be of a satisfactory quality, fit for purpose and as described. Our rights have been breached because the digital content bounts sold us is not what we originally paid for. We would like to be refunded immediately. The reasonable period for this has now passed.
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Latest signatures
Fiona-T (24 Jun 2017)
"I signed up for premium membership for two years, feel totally scammed as no refund and can't spend my points on anything, even charity donation. The challenges are stupid as you're not even guaranteed to win anything and to be honest it's not what I joined for. Waste of time and money! "
Cas (22 May 2017)
"I paid for a 3 year subscription. Cost me £31.99. No refund given and any points gained deemed worthless. Feel cheated. "
AA (03 Feb 2017)
"I signed up for a Premium+ membership for a year because I was walking a lot (25,000 steps a day, 5 days a week) and I still walk 10,000 steps a day. The original idea was to simply accumulate the points and exchange them for voucher one day. However, with the "changes", my 7500 points are absolutely useless! I don't care about these challenges..I never did! That's not what I signed up for. Bounts have scammed me...I want the money I paid for my Premium+ membership back and I want vouchers for those Bounts points. "
MarkFordyce (31 Jan 2017)
"I paid £23.99 for a 2 year premium plus membership. Never once able to redeem a voucher as they were constantly sold out. "
Bigdaddyzell (26 Jan 2017)
"We paid £15 each for a bounts premium account and then received nothing for it. All emails are ignored by bounts support. Very disatisfied and a total rip off by Bounts. "
Munchman (20 Jan 2017)
"test"
LucyJPowell (31 Dec 2016)
"I paid for bounts on a monthly basis for a number of months. I managed to gain 9815 points through the use of the app in total. I tried to exchange my points for vouchers on a number of occasions, without success. I even contacted bounts at one point explaining my difficulty. I now have all these points I can't use, and have given up using the app completely. "
Samstan- (22 Dec 2016)
"I have almost 27,000 points saved up as Bounts kept promising more vouchers would be coming soon. In addition they owe me over 1400 points for an affiliated purchase over 30 days ago that is still showing as pending and they do not respond to emails. "
Zebedee- (17 Dec 2016)
"This company should be ashamed of itself. Offered vouchers for points earned exercising then blamed customers for expecting this! Refunds almost impossible to get. Now just rubbishy raffles .. not what I paid for. GIVE ME BACK MY MONEY"
tcoxon (17 Dec 2016)
"I have contactedBounts many times regarding the refund i am due. Also relating to the fact that the spin to win did not work whilst i was a premium member, so i have been denied the extra value thatthat may have brought."
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