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  • Report:  #235568

Complaint Review: Bally's Total Fitness - Orlando Florida

Reported By:
- Orlando, Florida,
Submitted:
Updated:

Bally's Total Fitness
Orlando, 32811 Florida, U.S.A.
Web:
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Categories:
Tell us has your experience with this business or person been good? What's this?
About five years ago, when I was underage and my mother was about 45, we signed up for Bally's Total Fitness. Actually, we went in to see what the gym could offer us. Instead, we were shown around briefly and then subjected to endless sales pitches. One after the other, different trainers continued to harass my mother to join. At first, they acted as though it would be a steal to join and kept using phrases like, "well you know that you could get into shape, Bally's can help you do that" and since they had taken our measurements, they kept on referring to my mom's health as "extremely dangerous." She may have been a little overweight for an older woman, but they made it an imperative situation to sign up.

The thing was, they wouldn't let my mom leave. They also made my mother feel guilty that they had spent so much time with our situation and she wasn't going to sign up, that she shouldn't need to think about it with her current state of health.

So, my mother decided to join. Yes, she did sign an agreement. My mother went one time. They had promised services like a personal trainer to oversee her workout, plan out rotation schedules, and help her while she "changed her eating and work out regiment." They didn't do anything of the sort. I was there when they just put her on the treadmill and never checked up on her or anything. My mom left and never went back. When she tried to cancel the membership, they would not let her out of the agreement.

One year ago, they sent the first notice that they suing my mother (they couldn't sue me, since I was underage, so they decided to sue her for both of our memberships that she had decided to pay after they would not let her cancel). They notified her that she had to appear in court and she owed them thousands of dollars.

My mom does not have very good mental health. She is also not a wealthy person. She could not afford a lawyer and was afraid to show up in court, because she didn't want to be liable for all of the money that she could not pay. She was in a very good mental state at the time of this occurence either. She feared going to court and making a fool of herself, as well as having a judgment passed in which she would definitely have to pay this money that she didn't have.

Two years later, the monetary value has gone upwards to almost 3,000 dollars. They want all of her information, where she works, what possessions she has, etc. They want to put a lien on the house because she can not pay.

I don't understand how they can do this to my mother, when she never used the membership at all, when she tried to cancel, and when they did not complete their promised services the first day of her membership!

Is there anything we can do? I'm a college student. I don't have any money to help her out, and it is weighing on my mother's fragile mental health as it is. I hate to see her health deteriorate because of a bullying company like Bally's.

Don't sign up with this company. They do not care if you can't afford the service, and they will not let you out of the agreement without an ordeal.

Please, if you can help me out in any way, shape or form. I am considerably desperate at this point, and if I have to, I will work triple jobs in order to pay a lawyer. I would rather pay a lawyer to expose this company for what it is rather than them victimizing a helpless woman.

Thank you!

Cynthia

Orlando, Florida
U.S.A.


2 Updates & Rebuttals

Michaela

Duluth,
Minnesota,
U.S.A.
Some Questions and Suggestions

#2Consumer Suggestion

Mon, March 19, 2007

For one thing, do not give Bally's or their representatives or collection agency ANY information. If they have filed suit, the COURT would be the one to collect this information. Refuse to speak to Bally's and their representatives, only speak with court officials. If this matter has gone or is going to court, it is in your mother's best interest to show up. Your local city or county clerk of courts can direct you to a Legal Aid program. Legal Aid and similar programs help low income people fight lawsuits such as this one. Your mother will likely qualify for legal help for free or at significantly reduced cost. Also, has your mother has been diagnosed as having a mental illness or some form of dementia? If you have a statement from a doctor indicating that your mother suffers an illness which affects her ability to make decisions, that would help. Also, if the health club employee described your mother's health as "extremely dangerous", that could be construed as attempting to provide a medical diagnosis. This should also come up in court as I sincerely doubt that employee has a medical degree. You also need to mention in court that they failed to provide the contracted "trainer" services. Make them prove every penny they claim your mother owes. That is her right under the Fair Debt Collection Act. Bally's has to be able to prove that she actually owes every penny. In the end, even if they go to court and win, they can't take your home. They may be able to put a lien on it, but that just means that they get their money when and if it is ever sold unless the debt is paid before then. The court woiuld have to order that. If Bally's or their agents have threatened to file suit or threatened to take your mother's possessions, that is illegal. According to the Fair Debt Collection Act, if they threaten a lawsuit they have to follow through and they cannot threaten to take your possessions. If they did this, they broke the law and you need to contact your Attorney General's Office. I hope these suggestions help.


Chris

Malden,
Massachusetts,
U.S.A.
You seem out of luck

#3Consumer Comment

Fri, March 16, 2007

I am sorry to say it but I think that you are out of luck. You really weren't scammed. You and your mother could have just walked out of the Bally's at any moment. If they held you there against your will then that is a criminal act whic I doubt they did. The problem is that you had a contract with them just because you did not use the service does not mean you are excused from paying. I have seen that excuse a number of times from people that they didnt use the service, that does not matter, you had a contract. If you actually did try and cancel do you have any proof. You will need proof that you tried to cancel the contract and were not allowed. I do not see this happening either because they have a cancellation fee that I am sure that would be happy to take. It looks like you are out of luck and should probably pay now before your debt becomes worse or you end up losing your house.

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