What are my options: gym is trying to screw us over

[krunchykrome]

Background: My wife and her sister joined a gym a month or so ago at $64/month. They signed a 1-yr contract. They were informed of a promotion where if either of them brought in a referral that signed up, they would get a $10/month discount on their monthly rate (down to a minimum of $39). My wife brought in 2 people, which should have brought her rate to $44. My wife's sister brought in 3 people, which should bring her rate to the minimum ($39).

Last night, my wife and her sister were at the gym and they asked the sales manager why their rates have not gone down yet. The sales manager says that the ex-manager (no longer with the company) should not have offered those rates, and now the company won't honor them. My wife and her sister explained that they had advertised this promotion. The sale's manager then said that the owners wouldn't honor the rates.

My wife comes home and tells me this and I'm furious. She even takes the ad from the gym that displays the $10 discount per referral promotion.

So today, I am planning on calling the gym and speaking to the sales manager. I'm going to demand that they honor the rates, otherwise I am going to file a formal complaint to the BBB against this specific franchise. In addition, I will be taking them to court over this.

A couple of questions:
1) Would you handle this differently?
2) Is this something you would take to court?

It's not the money, it's the lack ethics and the shady deceptive business. My wife has a gym membership somewhere else that we pay a monthly fee for. I understand that taking them to court would cost much more than the amount of discount that should be applied to our rate, but it's something I think I'm willing to do.

 

[SandEagle]

sue

 

[sourceninja]

I would give them a chance to honor the rates or dissolve the contract. Otherwise I'd contact the local news and file complaints. I wouldn't sue until I had tried to smear their rep over the whole freaking town.

 

[Crusty]

Court over a $45/monthly difference? Just tell them you want out of the contract and aren't paying a dime more.

 

[rcpratt]

Agreed, I think you should try to smear them in the media before you sue.

 

[rivan]

1) I'd start climbing up the management chain, maybe take it to the BBB or make some other local bad press-type noise. So no, I'd be more or less right where you are now.

2) Court? I'd think having a lawyer write a letter would be enough. I've got better things to do with my time and anger at the world than bring a gym to court when the situation can be resolved in other ways.

This country's too fucking litigious as it is - don't make the problem worse.

 

[Genx87]

If you have proof of this claim then inform them if they dont honor it you will file a small claims action to recover damages. That excuse wont hold up in court. The judge will laugh them right out of the courtroom. While slapping them is your winnings + court costs.

 

[JD50]

Smear their rep all over town then sue. I hate shady business practices like this. What gym is it?

 

[Genx87]

1) I'd start climbing up the management chain, maybe take it to the BBB or make some other local bad press-type noise. So no, I'd be more or less right where you are now.

2) Court? I'd think having a lawyer write a letter would be enough. I've got better things to do with my time and anger at the world than bring a gym to court when the situation can be resolved in other ways.

This country's too fucking litigious as it is - don't make the problem worse.

The court system is there for a reason. For people like the OP to have legal recourse if they have been wronged or screwed. In this case if the OP is telling us the truth. Clearly this company did a bait and switch and their excuse is "well the previous manager is gone so we wont honor our own contract".

Imagine if that happened in other industry? Oh, my loan officer is not with the bank anymore and you wont honor our contract now and will be charging me 10% instead of 5%?

 

[Crusty]

The court system is there for a reason. For people like the OP to have legal recourse if they have been wronged or screwed. In this case if the OP is telling us the truth. Clearly this company did a bait and switch and their excuse is "well the previous manager is gone so we wont honor our own contract".

Imagine if that happened in other industry? Oh, my loan officer is not with the bank anymore and you wont honor our contract now and will be charging me 10% instead of 5%?

$45 a month. Is that really worth it?

 

[krunchykrome]

I like the idea of contacting the media and tarnishing their reputation. I will tell them that I will take that route as well as contacting the BBB, and taking them to court.

The only thing is that the discounts were never in writing, and no amended contracts were written to reflect the new discounts. Everything was verbal, with the exception of the original contract.

What I do have however is the advertisement, and witnesses (the people that we referred).

In all honesty, all I want is the discounted rates to be honored. I don't want to go to court over something stupid like this, but I will if necessary.

How would I go about contacting the media is it came to that? Have any of you ever done that?

 

[sourceninja]

I like the idea of contacting the media and tarnishing their reputation. I will tell them that I will take that route as well as contacting the BBB, and taking them to court.

The only thing is that the discounts were never in writing, and no amended contracts were written to reflect the new discounts. Everything was verbal, with the exception of the original contract.

What I do have however is the advertisement, and witnesses (the people that we referred).

In all honesty, all I want is the discounted rates to be honored. I don't want to go to court over something stupid like this, but I will if necessary.

How would I go about contacting the media is it came to that? Have any of you ever done that?

The advertisement is in itself enough to win a small claims case and at the very least to dismiss your contract.

Judge: This is your companies advertisement?
Them: Yup
Judge: So why are not not honoring it?
Them: Just don't want to.
Judge: Judgement for the plaintif.

Our local media has links on their website to report scams.

 

[BoomerD]

Do you have a tv station that addresses consumer complaints and airs the beef?

Many stations do.

Otherwise, be leery of crossing the line of libel and slander.

Small claims court is your best chance for legal recourse. No lawyers allowed. (in most jurisdictions)

 

[Ns1]

You should probably also not mention "tarnish their reputation"

merely "inform the public of the facts"


2nd -> consumerist.com

 

[Ancalagon44]

Its not the amount of money, its the business practices.

Sorry, its not acceptable to do business like that. I dont care if its $1 or $1 million, its not okay. Companies that do this deserve to have their names dragged through the mud and punished to the full extent of the law.

Before you slander them in the papers, brush up on libel law. Also, be aware they may try to sue you for libel even if what you said wasnt libellous. You would still have to foot the bill for legal fees. Case in point - that guy who made a facebook page about the towing company that towed his legally parked car.

 

[rivan]

The court system is there for a reason. For people like the OP to have legal recourse if they have been wronged or screwed. In this case if the OP is telling us the truth. Clearly this company did a bait and switch and their excuse is "well the previous manager is gone so we wont honor our own contract".

Imagine if that happened in other industry? Oh, my loan officer is not with the bank anymore and you wont honor our contract now and will be charging me 10% instead of 5%?

The OP is talking about a court case after one or two conversations with the business - that's absolutely not what the court system is for.

As for honoring the contract, are the rate reductions in his contract? I'd imagine not, if the new contact's saying they won't honor it.

Look, I'm not saying he shouldn't consider using the courts to resolve this, I'm only saying it's really really premature planning it at this point.

I think the gym needs to honor their ad, and make things right with the OP, and I think the OP has every right to be vigorous in his pursuit of an amenable outcome. It's just too damned early to call in the fucking lawyers.

 

[krunchykrome]

Do you have a tv station that addresses consumer complaints and airs the beef?

Many stations do.

Otherwise, be leery of crossing the line of libel and slander.

Small claims court is your best chance for legal recourse. No lawyers allowed. (in most jurisdictions)

I'm am a bit weary of the idea of tarnishing a company's reputation. There have been a few stories recently where companies have sued the customer in return.

 

[darkxshade]

What gym did you sign up for?

 

[SlitheryDee]

That's bullshit. They got a lot of business from your wife and sister. Maybe they should all get together and threaten to leave simultaneously. A verbal contract is just as binding as any other kind and it's the business itself that's responsible for honoring such contracts rather than whoever happens to be the owner.

 

[Aharami]

That's bullshit. They got a lot of business from your wife and sister. Maybe they should all get together and threaten to leave simultaneously. A verbal contract is just as binding as any other kind and it's the business itself that's responsible for honoring such contracts rather than whoever happens to be the owner.

i think this is the best solution to get the reduced contract
which gym is this, btw?

 

[sourceninja]

I'm am a bit weary of the idea of tarnishing a company's reputation. There have been a few stories recently where companies have sued the customer in return.

As long as you state facts that are true, and say "In my opinion" when saying anything not true you are safe from slander/libel.

Example:

If I say/write "Company X spits in their all the food they serve". I could be in some deep legal water. However if I say/write "I think Company X's food is so bad I wouldn't be surprised to learn they spit in it." I have simply given my opinion and they won't have any real legal recourse.

 

[waggy]

only $45 a month. hmm thats $540 and yes well worth taking to small claims court.

but you damn well better have proof or you are going to waste your time. a "he said" situation is not going to work and if you didnt get it in writing you are a idiot.

 

[waggy]

I'm am a bit weary of the idea of tarnishing a company's reputation. There have been a few stories recently where companies have sued the customer in return.

and in nearly every one the bad publiciyt has come back to bite the company in the ass and they lose in court anyway.

 

[Cogman]

I'd say you are doing things correctly. They pulled a bait and switch, they should get slapped down.

 

[CPA]

$45 a month. Is that really worth it?

yes. sometimes principals outweigh the actual savings.