Smoke and Mirrors Marketing
Complaint
Jack Herold
Country: United States
May 2, 2008: Got an invoice today stating I owe $27 and change for dues plus $27 and change for (one monthe) past dues. My membership expired April 7, 2008. I called to speak to a rep. after being put on hold for 10+ minutes (due to high volume) I talked to a young lady who ATTEMPTED to explain that I have a lifetime membership with Bally's even though my contract was up 4-7-08 and that is why I owe dues.
I stated to her how can I owe when there is no contract. She said cuz Bally's says I have a lifetime membership. Then I said then why does all wrrtten correspondence and my account online state that my membership expired 4-7-08 (paid in full I might add). SILENCE from the ill-equipped and naive rep.
Then, I said, so let me get this straight, according to BALLY LOGIC, I CAN'T go to the gym until I sign a new contract and pay current and past dues for a contract I don't have. So, if I wait a year to go to the gym and then sign up for a NEW (required) contract I will still owe the past dues for that previous year even though I had no contract and OBVIOUSLY did not go to the gym. SILENCE broken only by "UH's".
Furthermore, I asked her to explain how I could have an "expired membership" and a so-called "lifetime membership" BOTH AT THE SAME TIME...no answer.
Finally, I asked her, am I required to pay the so-called current and past dues (per this invoice) for a contract I DON'T have and she said "of course not". Which brought me back to my original question, then how could I owe money for "current dues" and "past dues"? NO ANSWER!
Then, I stated to her that perhaps if Bally's would stop playing shell games with words, interpretations and smoke-and-mirrors marketing, then perhaps their (ex)customers wouldn't experience the long hold times due to high call volume. And, I hung up.
WOW, new ownership, same ole' bull$hit games from Bally's...may they rot in h#ll!
I stated to her how can I owe when there is no contract. She said cuz Bally's says I have a lifetime membership. Then I said then why does all wrrtten correspondence and my account online state that my membership expired 4-7-08 (paid in full I might add). SILENCE from the ill-equipped and naive rep.
Then, I said, so let me get this straight, according to BALLY LOGIC, I CAN'T go to the gym until I sign a new contract and pay current and past dues for a contract I don't have. So, if I wait a year to go to the gym and then sign up for a NEW (required) contract I will still owe the past dues for that previous year even though I had no contract and OBVIOUSLY did not go to the gym. SILENCE broken only by "UH's".
Furthermore, I asked her to explain how I could have an "expired membership" and a so-called "lifetime membership" BOTH AT THE SAME TIME...no answer.
Finally, I asked her, am I required to pay the so-called current and past dues (per this invoice) for a contract I DON'T have and she said "of course not". Which brought me back to my original question, then how could I owe money for "current dues" and "past dues"? NO ANSWER!
Then, I stated to her that perhaps if Bally's would stop playing shell games with words, interpretations and smoke-and-mirrors marketing, then perhaps their (ex)customers wouldn't experience the long hold times due to high call volume. And, I hung up.
WOW, new ownership, same ole' bull$hit games from Bally's...may they rot in h#ll!
Comments
It is mail fraud to send an invoice or bill demanding payment through the U.S. Mail for goods or services you have not agreed to order.
They might claim it is a solicitation for renewal, but if it does not clearly state it is only a solicitation and not a bill, then it is still mail fraud.
See 39 USC §3001:
http://www.law.cornell.edu/uscode/uscode39/usc_sec_39_00003001----000-.html
They appear to be attempting to get you to agree that you somehow intended to automatically "renew" with continuity to your last contract (apparently for no monetary justification, hence the deception), in effect agreeing to pay for the months after your contract lapsed when you weren't even using their facilities or have access to them.
Who knows what else they might later claim you "agreed" to?
If you want to stop this B.S., file a complaint with the U.S. Postal Inspector. Look up