Scuba Schools of America/Rusty Berry

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I wanna see video :)
 
So Rusty finally responded to my BBB complaint with nothing but complete lies and BBB finally posted my rebuttal...makes for good humorous reading...

Complaint Classification:
Complaint Description - Posted 10/6/2010


I told the owner, Rusty Berry, on 3 separate occasions that l am uncomfortable under water but wanted to give scuba diving a try. I told him that I would rent my equipment to make sure I liked it first before buying the Total Diving System. Rusty told me how much easier it is to use your own equipment and assured me, In his own words, "if anything happens, whether you don't like it don't feel comfortable or don't want to do it, we buy all the stuff back from you at the price you paid for it." While he was fitting me for the Dry Suit, I asked him again if the refund includes the Dry Suit and again he said, "yep, it includes everything you buy today." I completed the course and told him I was uncomfortable and didn't like diving, I asked for a refund and only then was finally shown the "Written Guarantee" for the very first time. Rusty also claims that I did not finish the program, although he personally discouraged me from finishing and just told me I need more time in the pool, but wouldn't tell me which part of the program I didn't finish, except the 5th dive, which he told me not to do if I was not comfortable in the water. That last dive would have been May 5th when he personally told me not to do. There was also no consistency in my classes, which were with a different group at a different time each week because Rusty failed to keep me informed on when and what time my classes were. My classes were taught hastily and inconsistently.
Complaint Summary


Fraudulent sales technique to bait you into buying and then refusing refunds from what they promise you.
Resolution Sought


The only fair resolution is to keep the promise the owner, Rusty Berry, gave me and refund the Total Diving System and the charged and unused boat dives that they have failed to resell, as they promised.


Company's Response
Company's Initial Response - Posted 11/16/2010
Company states via email: We told Lina Awi that if she used her total diving system in the classroom, the pool, and then in the open water and at the end of her last certification dive she did not like scuba we would purchase her life support system back from her. She was also instructed to read the gurantee that came within her educational tools and it is also posted throughout the store and in our classroom prominently. On her final day of diving she told her instructor that she was uncomfortable and not willing to go into the water. SSA instructors are instructed not to force or coerce students into the water. Her instructor told her that he would be willing to spend more time with her and could give it a try on a day she felt more comfortable. It had been almost a month between her first dives and her final day of diving. She had not been in the pool to practice even though this was asked of her. Her classes were entirely based upon her own schedule. She did a private class on February 27, then sat in with a group on March 6th, and then completed classroom training on March 20th. Her classes were at a pace that was representative of her own schedule due to her traveling committments. When she had first requested to return her equipment the offer was made to bring it in and we would sell it on consignment. This was in May 2010. If she would have brought it in on a timely basis SSA would have been able to process a refund during the summertime as it is the busiest time of year. This proposal is still open to her if she wishes it. Our written guarantee is very explicit. A person may not cancel classes due to student illness, financial hardships, or accidents. The guarantee does not cover any personal equipment or custom drysuits. Lina signed a document that states in bright bold writing, " The undersigned has read and accepts the responsibility of the Scuba Schools of America Posted Guarantee and has been given a copy of the gurantee". A copy of this document has been sent to the BBB. Lina terminated her classes before fulfilling the stipulations of the guarantee. In the spirit of business, as was earlier stated, SSA would still sell her equipment on consignment within a specified period of time to get a refund for her for all but her personal snorkeling equipment, tuition, and boat trips.
Initial Response Summary
When she had first requested to return her equipment the offer was made to bring it in and we would sell it on consignment. This proposal is still open to her if she wishes it



Consumer's Rebuttal
Consumer's Rebuttal - Posted 11/19/2010
1. I did not agree to consignment because it was not what I agreed to and not the terms in which I bought the equipment under. Rusty said, "if you don't like it, we'll buy everything back from you at the price you paid for it." 2. My class on 2/27 included 4 college students and another guy doing a refresher course, NOT a private class. 3. NEVER ONCE was I given a copy of the guarantee or signed anything that states the guarantee on it NOR was it included anywhere with my educational materials, or anyone elses for that matter. 4. No where does it state how many dives are required to complete the program, but is very specific to say anything over 5 and the guarantee is void. Rusty tried to manipulate me into voiding it on that basis on the May boat by telling me to go into the water, "first for a snorkel and then a dive" knowing full well it voided the guarantee. 5. Posting guarantees does NOT absolve Rusty of any responsibility or accountability in his guarantee of a refund. You cannot hide behind a "posted guarantee." Rusty will say/promise ANYTHING to make a sale and takes advantage of inexperienced students. 6. I have fulfilled my obligations and I demand a refund!
 
So this guy sells Atomic masks, without the Atomic supplied mask strap, and "custom" BC's, without inflators or inflator hoses... I wonder if dump valves are included or if those are extra too?
I've heard horror stories about this guy for years, but am yet to cross paths with him. I'm thinking I may take a drive to Montclair this weekend and pose as a potential openwater student. Can't hardly wait to hear his pitch. I wonder if my blackberry would be able to record the entire conversation???

If it's a Storm II it should. Mine has 16 gig of onboard RAM and a 4 minute video I took was only 1.7 meg or so. You have enough memory I'm guessing. How is your battery?
 
Matt, I think we have us a field trip. Can we upload audio to SB?
 
So this guy sells Atomic masks, without the Atomic supplied mask strap, and "custom" BC's, without inflators or inflator hoses... I wonder if dump valves are included or if those are extra too?
I've heard horror stories about this guy for years, but am yet to cross paths with him. I'm thinking I may take a drive to Montclair this weekend and pose as a potential openwater student. Can't hardly wait to hear his pitch. I wonder if my blackberry would be able to record the entire conversation???

I wanna see video :)

I would LOVE to see a video of that!!! Greatest thing EVER!

Let's go!! I'm still new enough to play stupid and get big ga-ga eyes at thousands of dollars in rebreather. :rofl3:

Matt, I think we have us a field trip. Can we upload audio to SB?

Just as a bit of information, you must notify someone if you are going to record a conversation, and they must agree. Here's a link to the legaleeze: recording phone calls and conversations
 
I'm not so sure about that, I'm no legal expert though. Each state has its own stipulations and if you record a conversation in person vs on a telephone thats completely different.
 
https://www.shearwater.com/products/perdix-ai/

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