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Bally Total Fitness

Moved Away

You can move to the ends of the earth, but it seems it's impossible to leave Bally behind.

Bally • Sales Practices, Contracts • The 12-Day Rule • "Lifetime" Contracts • Moved Away • Maintenance • Child Care • Opening Late • Headphone Policy --- News • Bally's Customers Hope To Exercise Their Rights

Christella of Haskell OK writes (1/4/02):
In 1996 I tried to cancel my contract with them after getting military orders sending me to Europe. I sent them a copy of my orders and a cancellation notice. They are still harrassing me about this contract and filed a negative credit report in my credit file in 2001.

I have been unable to close on a house because of this information in my credit file. Can I sue for damages if I am unable to qualify for my home loan?

Christella should send a certified, return receipt requested letter to Bally notifying them that she disputes the charges and enclosing documentation of her military transfer. She should also write to the credit bureau disputing the negative report.

Ross of Carbondale CO writes (1/10/02):
In July 2001, I relocated to Colorado. At this time I was a regular member of Bally Total Fitness and my account was kept current according to the contract I signed with them. I informed them of my wish to cancel due to relocation, and the member services representative I spoke with informed me that all that was needed was a fax of a lease, which was done. I called to follow up, and was told that all was in order, and requirements for membership cancellation were met.

In December, I received notice from my bank for insufficient funds, due to the continuing deduction of monthly dues by Bally Total Fitness, for a contract which had been (apparently) successfully cancelled months before. I called to inquire, and the representative informed me that I had been attending the club in Los Angeles on a regular basis. I informed him that could not be possible since I had been living and working (both documented) in Colorado, and I still had my Bally membership ID card in my possession.

At this time, they have refused to cancel my membership. What can I do to recover lost membership dues? I have full documentation, and would like to pursue them legally to recover dues and insufficient funds fees - can I do this in Colorado, or must I file in California?

Ross should send a certified, return receipt requested letter to Bally setting out all of the facts in the case, including copies of all documentation. He should send copies to the Attorneys General and consumer protection agencies in both California and Colorado.

Donovan of Cumming, GA, writes:
I have given written notification and proof of re- location from Colorado to Georgia as required by the contract. As the contract states in paragraph #7, member may cancel if "more than 25 DRIVING miles from either the club of enrollment OR any other club 'which Member is ENTITLED to UNDER THE MEMBERSHIP PLAN CHOSEN'". My plan "chosen" was "Fitness-E This club Only (Galleria, 720 S. Colorado BLVD. Denver, Co 80246 303-782- 9424).

My interpretation is that if I cannot use ANY other club, as stated on this agreement, that I qualify for cancellation. However, Bally WILL NOT, after repeated phone calls release my contract. Additionally they maintain that they can "transfer" the contract at will to any participating club. This however is not the case and is not WRITTEN under this paragraph or any other paragraph.

The customer service rep. maintains that ALL contracts fall under this broad clause and they determine driving distance by www.mapquest.com. which is also not stated in the contract. It seems to me that they have VERY substantial latituide in their analysis of what is or is not permissible in their contract. I have had NO choice but to close the direct withdrawl account from which they have been paying themselves.

Inasmuch, all of the customer service reps that I have been in contact with prior to today in hopes of gaining consistent claification (which has never been the same) as to my rights, have been completely unwilling to accept this written and supported assessment of their own contract. It is clear that my ONLY course of action is LEGAL as they continue to maintain their position. It leads me to believe that they hope you will not have the interest in a protrated legal battle and will succumb to this abhorrent treatment because of the absense of drive to bring the dispute to a just conclusion. I cannot negotiate with a customer service rep who is TOTALLY unqualified to provide legal interpretations of this contract, nor should they be allowed to do so.

Can you direct me to an attorney who may have entered into a class action suit against Bally Total Fitness concerning this specific argument? I am POSITIVE that Bally wide and undisciplined ruling of these agreements have serious financial implications and that their wreckless treatment of these agreements is if nothing else, a seed to be planted in a legal office somewhere.

We don't know of any class actions on this matter and it's really not necessary. Donovan should send a certified, return-receipt-requested letter demanding an immediate release from the contract based on his interpretation and setting a 30-day time limit. At the end of that time, he can file against Bally in Small Claims Court, a much more suitable venue for this case.

Anthony of Leicester, MA:
I cancelled my account with Bally because I moved to Florida. The contract stated that if I moved within 25 miles I could not cancel my account but there was no Bally within that area so the account was closed. I still receive letters from collection agencies demading payment for my contract. I even sent certified letters to them and all I was told was that the account was indeed cancelled and they didn't know why I was still being billed.

Joseph of Glendale, AZ, writes:
I opened a membership in 1994 at the Duke Street, Alexandria, VA branch of Bally. I was using the gym and paying my monthly fee. In September, I received military orders to North Carolina. I checked to see if there was another Bally in my new duty station area so I could continue my membership. The closest gym at the time was 54 miles away.

In good faith, I followed the cancellation proceedure on the back of my contract and sent the cancellation fee as well as a copy of my orders. The following month, my credit card was charged again for my monthly fee. I called the gym on Duke Street and explained the situation. I was told that the corporate office was handling the cancellation.

After several months of more charges for a membership, again, in good faith, I cancelled, I made several phone calls to the corporate office. I was told that the matter was being investigated. I called the manager at the Duke Street club several times for assistance, but my phone calls were never returned.

In June of 1995, I was given military orders again, but to Japan. Some of my duty was to be on ship, obviously out of range from any health club. I again sent a letter to Bally Corporate with my orders requesting cancellation, but to no avail. It has been six years and this has been entered on my credit report. NOTE: Company (collection agency) who is now handling this account is called The Credit Store 800-240-1855. I called them yesterday regarding this account. I was told they have no history regarding this issue.

I feel I have been cheated. I feel that in good faith I cancelled this contract using the procedures they set forth. I signed the Bally contract after reading it in its entirety. In good faith, I believed that abiding by the procedures set forth in the cancellation clause that I would be free of this contract. This company never attempted to make good on their customer service promise. I have dealt with numerous collection agencies that this account has been sold to. I have been harassed. I now have a negative entry on my credit report. This alone is embarrassing.

My wife and I are in the buying a new home, and this is hindering the process with the mortgage company. As a result, this may negatively effect our lifestyle. With our credit reports merged, this is negatively impacting my wife's credit worthiness as well. I am unable to get any answers from this company, and I desperately would like to see this resolved from myself and for my family's future.

Joseph should write to the credit bureau and enclose a copy of this complaint, a copy of the contract and a copy of any letters he sent Bally. With proper documentation, he should be able to get the negative report removed from his credit repport.

Kathy of Newberry, SC, writes:
I had joined Bally about 5 years ago. I went through a divorce and had to sell my house and move out of state. I went into Bally, and showed them the Landmark contract for my house and let them know I was moving out of the state and the gentleman said OK. Well I thought that was that.

About a month ago I started getting calls from them sayiing I owe them. I told them what I did and they told me to read the small print in my contract. Well needless to say when you gentleman said it was OK, I threw it away.

I asked them if they really thought I was going to drive everyday 7 hours each way to work out there. Now they call me at all hours of the day and night seven days a week. They are even calling my work now.

Throwing away the contract was a big mistake. Kathy should have given the club written notice that she was moving.

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