Bally Total Fitness Refuses to cancel new contract -- gives runaround for cancelling ripoff Albany New York *EDitor's Suggestions on how to get your money back into your bank account!

On 3-Mar-2006 my 18-year-old daughter was given the high pressure sales pitch, on site, to join Bally Total Fitness. She refused for a while but, when the selling tactics got stronger, she signed up to shut the salesperson up, figuring that she would just cancel later.

They did not give her a copy of the contract, but I understand this is a common practice of theirs.

In NYS, the settlement of a previous suit brought against Bally Total Fitness by the Attorney General gives consumers a longer cancellation period. Nonetheless, she wrote up a cancellation, made copies, and sent it via registered mail to the location where she signed up. She has the registered mail receipt. This was mailed on the third business day after the contract was signed.

The letter stated that she wanted to cancel and would like to have her $50 deposit refunded.

A week later she followed up only to find that her contract had not been cancelled (surprise!). She has made many calls and visits to Bally in the interim period, with no success whatsoever. Today they hit her account for another $50, including overdraft charges. Up until now here's what she has gone through:

1. Called headquarters. The person with whom she spoke said that they didn't have her in the system yet and she had to go back to the local branch, see the salesman who signed her up, get her id number and call back.

2. Went back to the local branch. Salesperson wasn't in; they told her to come back in a couple of days because they couldn't cancel the contract without him. (I don't know why, but ok.)

3. Two days later went back to the local Bally's, obtained her id number and was told that she had to call corporate headquarters again to cancel and she should be in the system.

4. Called headquarters. They told her that she had to cancel at the local Bally's.

5. Went back to the local Bally's, this time with a parent in tow. Once again they said they couldn't do anything and she would have to call their headquarters again. Still, we left another copy of the original cancellation letter.

6. Anyone seeing a pattern here? Ok, called headquarters again. This time there was no answer.

7. Tonight was the icing on the cake. After the $50 monthly charge plus overdraft, was told by the salesperson that it wasn't his problem, she had to call the 800 number and, oh by the way, there's a new 800 number to call but they don't have it. So, it's a mystery 800 number now. We have no idea what the new number is or when it will be published. Maybe we'll find out after a few hundred more dollars.

No matter, because I'd be willing to bet that if we did have the new 800 number, we'd have a whole new runaround routine to go through.

We are getting tired of playing games, running around, and making phone calls to cancel a contract for more than a month now. Daughter is a full time college student and works part time. It is disruptive to have to find time to run to Bally's and make futile phone calls just to cancel a contract that should have been cancelled weeks ago.

Then the salesman told her that, if she had come in for her 12 trial workouts, it would have been easy to cancel. Yeah, I just bet.

Folks, you can't make this stuff up. Un-freaking-believable.

I called the Attorny General's office a few days ago and they mailed a complaint form to be filled out. I had hoped that we would not have to resort to this. Bally's doesn't care about litigation, won't cancel the contract, won't refund the deposit, and won't stop taking money from the account. I don't know how many months and how many dollars will disappear before there's any result from the AG's office. It could take a while, I suppose.

In the meantime she is left with a Hobson's choice -- either keep paying for something she isn't using, or risk going to collections with its attendant credit problems. There are no good choices here.

Deb
Slingerlands, New York
U.S.A.

Click here to read other Rip Off Reports on Bally Total Fitness
EDitor's Suggestions on how to get your money back!

HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:

Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.




According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: we could not do anything for you or you waited too long; it has been more than 60 days.

If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.

Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!

DO NOT TAKE NO FOR AN ANSWER!

Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.



And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.




Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.

If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.

CHARGES TO YOUR CREDIT CARD

If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.

Remember Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.

And good luck Let us know how you do!

ED Magedson - Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
EDitor@RipoffReport.com
badbusinessbureau.com
www.ripoffreport.com

Don't let them get away with it.
Make sure they make the Rip-off Report!

We are not lawyers.
We are not a collection agency.

We are Consumer Advocates.
...the victims' advocate

WE are Civil and Human Rights Activists

We are a Worldwide Consumer Reporting News Agency
...by consumers, for consumers




CLICK HERE to read about Credit Card Scams... find out how to get your money back. *Rip-off Report Investigation provides valuable information.