- Report: #1056279
Complaint Review: Ballys Total Fitness - San Jose California
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Ballys Total Fitness
1570 Hamilton Avenue San Jose, 95125 California, USA
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Ballys Total Fitness Illegal Billing San Jose California
My daughter and I joined Bay Area Family Fitness a couple of years ago. They suddenly went out of business with merely a one day notice that they were closing their doors. The same day, we received text messages and e-mails from Ballys informing us that they would give us memberships at their facilities at the same rate we were paying at Bay Area Family Fitness.
We decided against signing with Ballys since the location was too far away for us. We subsequently received a similar offer from a local gym closer to us, which we accepted. Just to be sure Ballys did not try anything shady, I sent them an e-mail advising them that my daughter and I were declining their offer.
Yesterday, my daughter noticed Ballys had deducted monthly membership dues from her account. Furious, she called Ballys and was told that BAFF had sold their database to Ballys and that we were now members, in spite of the fact we had never signed any agreement with them. The lady insisted that our contract said that BAFF could sell our membership to any gym of their choosing, so there was nothing they could do about it. We believe this claim to be untrue.
My daughter then told her that she was contacting the District Attorney's Office Consumer Protection Unit as well as the FTC to file a complaint against them, and the woman immediately got nervous and told her they would be refunding the money to her account, and she would not incur any more charges. Interesting. If the contract really said that, she would not have immediately reversed her stance when she was threatened with complaints to certain entities.
Clearly, they are doing this to every former member of BAFF. I understand purchasing a customer database, but how is it legal to sell people's bank account information without their knowledge to an entity with whom the customer has no contract? We are concerned for the other former members, some of them senior citizens who are getting caught up in this scam.
We believe some action should be taken against the former owner of BAFF as well as Ballys. The former owner clearly profited from selling our information to Ballys, and Ballys stands to profit from confused former gym members about what their rights are in this situation.
1 Updates & Rebuttals
Tyg
Pahrump,Nevada,
reality....
#2Consumer Comment
Tue, June 04, 2013
A contract like a loan can be sold if it stipulates it in the original contract. As you signed that contract all you have basically done is scam Balleys out of the money that is rightfully theirs. I would also make sure that you arent charged a ETF or early termination fee. Normally it would have been whatever your original contract stated. But in this case Im pretty sure Balleys is going to process your ETF at their CURRENT contract rate. The problem here is they have a original copy of the contract that both of you had signed. Legally speaking they would be in the "right" if they did this. Technically speaking by demanding your money back and requesting no further funds be withdrawn, you have in effect cancelled you contract with them. You can try and fight it, but it will be a loseing battle. Good luck though. I hope this works out for you.
