My friend got caught using someone's ID at Bally's

[NikPreviousAcct]

Originally posted by: HN
it's

:laugh:

 

[waggy]

boy she sounds like a idiot. first she uses someone else's card (wich is theift as others have pointed out) second she should have told them to go to hell and told the cops what they were trying to do.

i really do not feel sorry for her. she is a idiot. she is going to get whatever happens.

 

[mugs]

Originally posted by: Nik

The use was paid for, just not used by the same person who paid for it. Would you say the same thing about someone who uses your computer? You bought windows but someone else is using your license. Who cares, it was paid for.

That is the most retarded logic I've ever seen.

 

[crystal]

Originally posted by: Nik

Originally posted by: NuclearNed
Actually, its called "coercion"

I would say that she stole use of the company's equipment and/or services.

The use was paid for, just not used by the same person who paid for it. Would you say the same thing about someone who uses your computer? You bought windows but someone else is using your license. Who cares, it was paid for.

Try and do that with some membership type club, i.e. costco/samclub or something. Who cares, it was paid for right?

 

[TheNinja]

Mr. T says "STAY IN SCHOOL AND DON'T DO DRUGS!!"

 

[Bryophyte]

Originally posted by: Nik

Originally posted by: NuclearNed
Actually, its called "coercion"

I would say that she stole use of the company's equipment and/or services.

The use was paid for, just not used by the same person who paid for it. Would you say the same thing about someone who uses your computer? You bought windows but someone else is using your license. Who cares, it was paid for.

I have to disagree with you. A Windows license is for a computer, not a user. The membership is very specifically for the person whose name is on the contract, not for use by any person who is holding the card. The contract is, without a doubt, very clear on the issue. She had no right to use the card. Bally's had no right to coerce her into signing a contract, they should have merely followed through on the contract's terms and at the very least banned her from using the facilities.

 

[HamSupLo]

did they threaten her with a 250 pound personal trainer with no neck?

 

[Kelemvor]

She could probably have gotten charged with minor fraud, tresspassing, etc. The actual cardholder could have gotten fined or have their membership cancelled. Or the member culd have said the card was stolen, then she could probably get charged with even more good stuff.

 

[DrPizza]

So, if I buy airplane tickets, discover I can't go (emergency), and I gave them to a friend, they would be stealing when they used my tickets??

On second thought, someone will point out, "the ticket is for the seat, not the user" as in the window's license argument.

How about if I joined some theater organization and as a member I got to go to every production for free... Thus, attendance was because I was a member. But, if I decided not to attend, would it be stealing if someone went in my place?

My point is only that it's a pretty gray area before you can really call it stealing. But, letting someone borrow your membership card is misuse of the card and likely is ground to lose your membership. So, person A borrows person B's card. Bally's figures it out. Bally's says to Person A, "Person B is going to lose their membership. However, since you appear to enjoy coming to Bally's, if you purchase your own membership instead of abusing theirs, we'll let person B keep their membership and you'll have your own. Welcome aboard."

 

[NikPreviousAcct]

Originally posted by: Bryophyte

Originally posted by: Nik

Originally posted by: NuclearNed
Actually, its called "coercion"

I would say that she stole use of the company's equipment and/or services.

The use was paid for, just not used by the same person who paid for it. Would you say the same thing about someone who uses your computer? You bought windows but someone else is using your license. Who cares, it was paid for.

I have to disagree with you. A Windows license is for a computer, not a user. The membership is very specifically for the person whose name is on the contract, not for use by any person who is holding the card. The contract is, without a doubt, very clear on the issue. She had no right to use the card. Bally's had no right to coerce her into signing a contract, they should have merely followed through on the contract's terms and at the very least banned her from using the facilities.

I've not seen a contract for Bally's so I wouldn't know.

 

[Sphexi]

1. She never signed anything saying she wouldn't borrow someone else's card, she has absolutely no obligations here. They couldn't do crap to her. Call the cops all they want, they could only have her removed from the club.

2. The person whose card she borrowed could only have their membership terminated without a refund of whatever fees they paid. They could probably be banned from being a member ever again, boohoo. Once again, nothing cops would ever care about.

3. They CANNOT force someone to sign a membership contract, what they did was illegal, she had every right to tell them no, and was perfectly okay canceling it after the fact. If they try to come after her for it she needs to lawyer up and go after them.

 

[imported_LoKe]

Tell her to cancel it. If they give her trouble, have her take them to court. They'll throw fee's at her, counter with compensation for pain and suffering. Threaten (though, subtly) to take it to the media, they'll probably offer a settlement. ~_~

 

[JLGatsby]

The Sterling Brunch at Bally's is superb.

http://www.caesars.com/Ballys/LasVegas/Dining/FineDining/SterlingBrunch.htm

 

[preslove]

That sounds like a terrible gym. What's their angle?

 

[mugs]

Originally posted by: LoKe
Tell her to cancel it. If they give her trouble, have her take them to court. They'll throw fee's at her, counter with compensation for pain and suffering. Threaten (though, subtly) to take it to the media, they'll probably offer a settlement. ~_~

Pain and suffering? It's funny that you're suggesting she do essentially the same thing they did to her.

 

[myusername]

Originally posted by: DrPizza
So, if I buy airplane tickets, discover I can't go (emergency), and I gave them to a friend, they would be stealing when they used my tickets??

On second thought, someone will point out, "the ticket is for the seat, not the user" as in the window's license argument. "

Actually, your ticket is sold in your name, and unless you know someone else named "Dr. Pizza", you will be unable to sell or give them the ticket.

 

[Mill]

Originally posted by: DrPizza
So, if I buy airplane tickets, discover I can't go (emergency), and I gave them to a friend, they would be stealing when they used my tickets??

On second thought, someone will point out, "the ticket is for the seat, not the user" as in the window's license argument.

How about if I joined some theater organization and as a member I got to go to every production for free... Thus, attendance was because I was a member. But, if I decided not to attend, would it be stealing if someone went in my place?

My point is only that it's a pretty gray area before you can really call it stealing. But, letting someone borrow your membership card is misuse of the card and likely is ground to lose your membership. So, person A borrows person B's card. Bally's figures it out. Bally's says to Person A, "Person B is going to lose their membership. However, since you appear to enjoy coming to Bally's, if you purchase your own membership instead of abusing theirs, we'll let person B keep their membership and you'll have your own. Welcome aboard."

You cannot give your ticket to someone else. It has to be in their name. You can, however, get a credit or voucher for the amount of your ticket. Again, it will be in your name, although for a fee that allow you (most airlines) to transfer that voucher to someones else.

 

[harobikes333]

Originally posted by: JRock
Their fault for not catching it sooner.

Edit: You CANNOT force someone into signing a binding contract.

QFT

 

[Mill]

That contract should be invalid. The individual that signed it was forced/coerced/under duress when she signed it, and thus it would not be valid.

I don't see this as a criminal matter, but rather a civil one. It wasn't as if the service had not been paid for -- it had -- but she used a membership that was not in her name, and likely violates the contract the original owner signed with Bally's. Thus, I think the owner of the pass should either have to pay a fine or have their membership revoked. The second person, however, should NOT have to fulfill the contract.

Since the gym will likely come after her anyway (gyms are notorious for this), it will be up to her to prove that she was under duress. That's not going to be easy to do, as I'm sure Bally's will deny her statement of the facts.

In the end, she should simply pay the damn membership, use it, and not be so dumb next time!

 

[Baked]

Your friend's gonna have her knees broken by the mafia this month. GG

 

[intogamer]

Did she even try to decline?

I mean she could have decline and her friend's membership would be canceled.

 

[Looney]

Originally posted by: EMPshockwave82
Stealing is against the law that's for sure. But I cant help but think entrapment or something like it. You cant force someone to sign into a contract that makes it not legally binding. Even giving an ultimatum such as sign this or face legal action. The contract for 3 years that she signed isnt legally binding. I could be wrong.

Entrapment? This is NOTHING like entrapment. Do you even know what the word means?

 

[mugs]

Originally posted by: Mill

I don't see this as a criminal matter, but rather a civil one. It wasn't as if the service had not been paid for -- it had -- but she used a membership that was not in her name, and likely violates the contract the original owner signed with Bally's. Thus, I think the owner of the pass should either have to pay a fine or have their membership revoked. The second person, however, should NOT have to fulfill the contract.

The service wasn't paid for just because they were in possession of a paid membership card. That membership card was for a specific person, it's not valid for anyone else. If anyone else uses it, it's the same as if they used no membership card at all.

 

[Looney]

Originally posted by: Nik

Originally posted by: DaShen

Originally posted by: Nik

Originally posted by: Kelvrick
How did she sign up for a three year membership and cancel the card and membership? Sounds like she just cancelled the card and now they can take her to collections for the membership she signed up for.

Idiots for the win!

She should have not been stealing in the first place.

But since she didn't do that...

She should have just left, and paid her friend if they cancelled her friends membership.

But since she didn't do that...

She should have just kept the membership for a while and gone through the trouble of cancelling it through Bally's.

What exactly did she steal? They can't coherse her into signing a legally binding contract. That's called *gasp* cohersion.

She stole use of services. And they could have 'coerced' her into signing it. She had a choice, either sign up for the services, or face legal consequences. If you sneak into a movie and get busted, they can call the cops on you, or you pay for the full entrance fee. She's doing the same here. They don't need to give her any specials or offers.

Her legal fees would have probably been similar, so in this instance, she at least has 3 years of a gym membership.

 

[Looney]

Originally posted by: Nik

Originally posted by: NuclearNed
Actually, its called "coercion"

I would say that she stole use of the company's equipment and/or services.

The use was paid for, just not used by the same person who paid for it. Would you say the same thing about someone who uses your computer? You bought windows but someone else is using your license. Who cares, it was paid for.

Are you really this dumb? It's part of the terms and agreements. If you ever had a membership somewhere, ANYWHERE, it probably states the same thing. Only the cardholder may use it.