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

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teddyv

Senior member
May 7, 2005
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At this point, they'd go after her for canceling her membership and credit card probably.

Almost every State has a contract cool-down period, it should be outlined in the contract she signed. Usually involves sending a certified letter to HQ citing the state law and cancelling.
 

teddyv

Senior member
May 7, 2005
974
0
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Total myth. Most 3 day cooling off laws only apply to door-to-door salesmen.

Wrong - in many States it goes so far as applying to sales of automobiles and such.

In what State did this happen?
 

rahvin

Elite Member
Oct 10, 1999
8,475
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Originally posted by: teddyv
Total myth. Most 3 day cooling off laws only apply to door-to-door salesmen.

Wrong - in many States it goes so far as applying to sales of automobiles and such.

In what State did this happen?

You are ignorant of the law and state laws in particular. Cite the state code for a state that supports your assertian. (and it better be a link to a .gov website).
 

Bryophyte

Lifer
Apr 25, 2001
13,430
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The person in question has said that she called Bally's and they cancelled her membership. Her big concern is whether they can now come after her for trespassing charges.
 

Aimster

Lifer
Jan 5, 2003
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The people who work at Bally's Total Fitness from my experience are total jerks.

They locked me in a room for 30 minutes and kept showing me the plans.

They wouldn't let me leave.

I just wanted to use my free week pass ...
 

teddyv

Senior member
May 7, 2005
974
0
76
You are ignorant of the law and state laws in particular. Cite the state code for a state that supports your assertian. (and it better be a link to a .gov website).

LoL - here are a few from a 30-second Google (it is at http://www.google.com, you should try it...)

Ill. Physical Fitness Services Act

Spitzer Agreement Extends NY's 3-day Cooling off to 7 Days for Bally's

Maryland

You do know that .gov is a Federal extension and that this body of law is different for each state don't you?
 

Gooberlx2

Lifer
May 4, 2001
15,381
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91
Originally posted by: Nik
What a bunch of sheep. People will fall for anything now-a-days. Made her sign up before leaving? :laugh: ahhh, dumbasses. :D

Seriously, that sales person/manager is laughing all the way to the bank with his/her commission + spiff $$$.
 

Gooberlx2

Lifer
May 4, 2001
15,381
6
91
Originally posted by: 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?

Done it, many times.....trust me, they don't care because in those cases you're putting more money in their pockets when you buy something. I have my own membership now, just out of convenience.
 

Gooberlx2

Lifer
May 4, 2001
15,381
6
91
Originally posted by: teddyv
Total myth. Most 3 day cooling off laws only apply to door-to-door salesmen.

Wrong - in many States it goes so far as applying to sales of automobiles and such.

In what State did this happen?

I know for a fact that in Colorado you can return a car for a full refund less mileage/"rental fees" within 3 days of signing. SO works in car sales. tells me about pissed off sales managers more than a few times a month when it happens. Though, obviously, the vast majority of people have no idea.

This also applies to any contract in Colorado though.
 

eminemrh25

Golden Member
Feb 21, 2005
1,109
0
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Originally posted by: 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?

Costco's and Sam's Club are EASY to get into without a membership. You just tell the person at the door that you are gonna sign up then walk through. Last time I went to CostCo, it was me and my friend and we are underage and don't have memberships so we are just walking and then my friend runs after to some random lady entering the store yelling "MOM! WAIT!!" I just ran after him.. it was soo funny..

Who the hell gets caught using someone else's membership card. If I was walking in, and I had my friend's card, I'd just be like "Oh sh!t! I gave him my card when I thought I was giving him his..." then turned around..

 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: teddyv
Total myth. Most 3 day cooling off laws only apply to door-to-door salesmen.
Wrong - in many States it goes so far as applying to sales of automobiles and such.

In what State did this happen?
You are correct that the 3 day "cooling off" period (technically called "recission") can apply to health club memberships in certain states (and under federal law to sales made in the purchaser's home without prior solicitation and to owner-occupied mortgage refinances as well), however the recission period in law absolutely positively NEVER applies to automobiles sales. If it did, people would be buying cars as weekend rentals to return within 3 days. Any recission periods in automobile purchases are entirely voluntary offerrings by individual car dealerships (and you better get that in writing), and not law in any state. This line, that there is a 3-day cooling off period in a car sales, is a favorite lie used by dishonest car salesmen to roll on-the-fence buyers off the lot. Please don't propagate the lie, kthx.


On topic: the worst Bally's could have ever done to the OP's friend, once the deception of using someone else's membership was discovered, was escort her off the premises. Maybe cancelled the membership of the person who gave the card. That's about it. But they tricked into signing a 3 year contract. I'm a Bally hater too, but I won't cry in this case.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: Gooberlx2
Originally posted by: Nik
What a bunch of sheep. People will fall for anything now-a-days. Made her sign up before leaving? :laugh: ahhh, dumbasses. :D
Seriously, that sales person/manager is laughing all the way to the bank with his/her commission + spiff $$$.
Oh whee!!! All the way to the bank on "$1300ish" paid over 3 years. OMG wow!! I bet his/her commission is all of $100 bucks, if that.

Bally's "sales" staff would be telemarketers if they weren't part of the "beautiful people" crowd.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: eminemrh25
Costco's and Sam's Club are EASY to get into without a membership. You just tell the person at the door that you are gonna sign up then walk through. Last time I went to CostCo, it was me and my friend and we are underage and don't have memberships so we are just walking and then my friend runs after to some random lady entering the store yelling "MOM! WAIT!!" I just ran after him.. it was soo funny..

Getting in the door at Costco is one thing, checking out is an entirely separate matter. Some cashiers check the card closely, some do not. But you do at least need a card to check out.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: teddyv
however the recission period in law absolutely positively NEVER applies to automobiles sales.
The Governator says differently, at least after July :)
1. This doesn't take effect until July of this year.
2. No other state has a similar law.
3. This applies only to used car sales.
4. This is not 3-day recission law, but a 2-day "cancellation option" where the buyer can return the car within 2 days of purchase only if they pay $250 for the option upfront (along with numberous other restrictions), and another $250 "restocking fee" when they return the car.
5. Your statement "in many States it goes so far as applying to sales of automobiles" is still wrong.
 

teddyv

Senior member
May 7, 2005
974
0
76
1. This doesn't take effect until July of this year.

True (as I noted), yet it is currently signed into law and on the books.

3. This applies only to used car sales.

Last time I checked a used car is still an "automobile."

4. This is not 3-day recission law, but a 2-day "cancellation option" where the buyer can return the car within 2 days of purchase only if they pay $250 for the option upfront (along with numberous other restrictions), and another $250 "restocking fee" when they return the car.

And yet it is still a cooling off/cancellation clause, albeit with a state-provided penalty.

Your statement "in many States it goes so far as applying to sales of automobiles" is still wrong.

You are quite right, I was wrong about that part, instead of many it is only one. And I won't even try to weasel out of it with new qualifications to such unqualified language as "absolutely positively NEVER".

 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
recission
n : (law) the act of rescinding; the cancellation of a contract and the return of the parties to the positions they would have had if the contract had not been made; recission may be brought about by decree or by mutual consent

What applies to health clubs in some states is not the same as this new used car sale cancellation law pending in CA.