Surprise charges after I thought I had canceled the membership

ComplaintsFitness CentersBally Fitness Center

Complaint

0
Sulin Su
Country: United States
First of all, the contract I signed up was a so-called "Easy Monthly Payment Plan membership" agreement which stated clearly in the "Termination Notice Period" section: "To cancel an Easy Monthly Payment Plan membership send written notice containing the canceling member's name by certified or registered mail to BALLY TOTAL FITNESS SERVICES..."  The sales person even highlighted this portion for me when I singed up on July 7, 2009.  I paid $144.09 for the first month and last month on July 7, 2009.  On July 27, I mailed in the "Termination Notice" by certified mail postmarked 10 days or more before my next Monthly Payment due date.   BALLY TOTAL FITNESS was supposed to send me a written cancellation notice to acknowledge this request, but this company didn't.  I called and emailed them about this case.  Finally, I informed that I no longer had membership with them.  Unfortunately, I received billing statement charging me $97.28 dated November 24, 2009, due December 09, 2009.  
My family and I never used this fitness center for free, not even one day.  We paid $144.09 to try for a week.  I ended up spending hours and hours of my life dealing this problem.

Comments

  • 0
    tj
    They are reported to be sending "past due" bills after cancellations are received, later claiming they were just "renewal offers" that consumers could choose to accept or not.  These bills have been reported to be for cumulative amounts since cancellation, as if the membership had not been cancelled.

    http://consumerist.com/2009/09/bally-sends-fa ... -to-rejoin.html


    They are reported to stonewall consumers cancelling in accordance with their contracts, attempting to grab as many months of payments as they can on any excuse.

    Very sleazy, and technically, a deceptive solicitation, i.e. mail fraud. When pressed, they will probably just claim it is an "accident" or "crossed in the mail".  Mailing of solicitations that look like bills is a violation of U.S. postal regulations, specifically 39 USC §3001(d)

    http://www.law.cornell.edu/uscode/html/uscode ... 01----000-.html


    Your certified receipt is proof of when you sent your cancellation.
    Since your contract specifies how to cancel, and you followed it by sending your cancellation certified as required, on the date you mailed it certified, you met the contract cancellation terms and they are presumed to have received it.  You can obtain confirmation of the date of delivery from the U.S. Post Office website, using the certified receipt number.  On that date, they had notice of your cancellation in accordance with your contract terms.  

    Mailing bills after receipt of cancellation in accordance with your contract as if you had not cancelled is deceptive.

    On confirming that the U.S. Post Office shows delivery, file a mail fraud complaint with the U.S. Postal Inspector for their sending of a bill for unowed membership fees, and contact your local District Attorney's consumer protection unit regarding their fraudulent billing.
  • 0
    BSL_Kansas
    Hello:
    Thanks for the clarification,I received a similar notice that was "masked" like a bill. After finally getting a "person" at customer service on the phone, I was told that it is common practice by the corporate office to send these out,"in case people want to rejoin".

    I was hung up on after I complained about this unethical behavior. I will definitely follow your advice to send a complaint to my local DA's consumer protection unit.
  • 0
    tj
    Include a complaint to the U.S. Postal Inspector.

    Complaint to DA is to protect YOU.  

    Complaint to the Postal Inspector is to protect others, as they are more likely to get a systematic pattern of complaints.
  • 0
    furious
    Paid the termination fee to Bally's and still got billed What to do?  I want to sue...
  • 0
    law
    You can freeze a membership by paying only $10/ per month for the term of your contract.  this is better then paying a higher monthly bill. If you are not using your membership freeze it.  If you have a so called  month to month its $4.00 per month to freeze. When you send your letter and payment to freeze, request confirmation that your membership is frozen.   Make a copy of everything you send them. i hear they are famous for saying they did not receive mailings.  Always mail "return receipt requested" or "certified" for your proof. save and date all of your papers.someday you may be part of a class action suit against this company. so keep your records.
  • 0
    law
    You can freeze a membership by paying only $10/ per month for the term of your contract.  this is better then paying a higher monthly bill. If you are not using your membership freeze it.  If you have a so called  month to month its $4.00 per month to freeze. When you send your letter and payment to freeze, request confirmation that your membership is frozen.   Make a copy of everything you send them. i hear they are famous for saying they did not receive mailings.  Always mail "return receipt requested" or "certified" for your proof. save and date all of your papers.someday you may be part of a class action suit against this company. so keep your records..
  • 0
    THIS IS REALLY WRONG
    I WENT TO BALLY YESTERDAY AND REQUESTED TO LOOK AT A COPY OF THEIR CONTRACT TO READ BEFORE I BECOME A MEMBER. KEEP IN MIND I HAVE NO INTENTION OF JOINING. THE SALESMAN LETS CALL HIM BY HIS REAL NAME FRANK CLAIMS HE IS THE BEST SALES CLOSER BALLY HAS. HE ALSO CLAIMED THAT WORKS IN ONE OF THE TOP TEN BALLY'S IN THE COUNTRY, IT WAS BUSY. HE STATED THAT HE CAN ONLY PRINT A COPY OF THE CONTRACT AFTER I SIGN THE AUTHORIZATION PAD NEXT TO THE COMPUTER. I ASKED IF HE HAD ANYTHING I COULD READ THAT STATES THE TERMS OF THIS CONTRACT. UNBELIEVABLY HE GAVE ME A CONTRACT OF SOMEONE HE SIGNED UP THE DAY BEFORE. THIS INCLUDED ALL OF THE GUYS INFORMATION INCLUDING A COPY OF HIS NEW YORK DRIVERS LICENSE, PHONE NUMBER AND RECEIPT FOR HAS CREDIT CARD SOWING HE PAID $279.99 FOR THE MEMBER SHIP. WOW E WOW WOW.  I THINK NOW I CAN USE THIS INFORMATION TO GET MY FRIEND OUT OF HER CONTRACT THAT BALLY WILL NOT LET HER GET OUT OF. DO YOU THINK I SHOULD CALL THIS GUY AND LET HIM KNOW HOW HIS INFORMATION IS BEING PASSED AROUND.  ANY COMMENTS ARE WELCOME.
  • 0
    tj
    http://www.oag.state.tx.us/oagNews/release.php?id=3350

    "Tuesday, June 8, 2010

    Attorney General Abbott Charges Fitness Center Operator With Unlawfully Deceiving Texas Customers
    Bally Total Fitness Corp. mailed fake bills to former members

    AUSTIN – Texas Attorney General Greg Abbott today charged Bally Total Fitness Corp. with unlawfully attempting to mislead its former customers into paying “past due” membership fees they do not owe.

    Bally Total Fitness Corp., based in California, operates 24 fitness centers in and around the Dallas, Houston and San Antonio areas. An investigation by the attorney general’s office revealed that between summer 2009 and March 2010, Bally mailed more than 11,000 misleading “past due” notices to former members in an attempt to encourage them to rejoin their former gym. The notices created the false impression that former members had outstanding dues that needed to be paid.
    ..."
  • 0
    Raf
    Bally is so ridiculous!! This way worked for me. ONLY if your contract expired or will expire soon the best way is send them a letter like this:


    Bally Total Fitness
    Attn: EBPP dept  Cancellation Department
    P.O. Box 96241
    Washington DC   20090



    My name is XXXXXX, my membership number is XXXXX, I wish to cancel my membership, as of (date of expiration) my contract will expire and I have fulfilled my financial obligation to this contract. Please remove me from the automatic membership. I request written confirmation of the cancellation to:
    (your address)

    Thank you in advance,


    ___________________________________________
                 (your name)

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