Bally Total Fitness
Lied at contract signing! What can I do?

I really need help! A Bally rep straight out lied to me. First off, I was told this was just a membership, not a full fledged loan that has interest rates, and is reported on your credit. The rep just told me this was a membership, pay this much down, and this much a month for 5 years, and at the end of the 5 yrs it will only be $5 a month. He did tell me that I could not cancel unless I moved at least 20 miles away from the nearest Bally's. When I signed up, it was both me and my wife. My wife and I wear on sketchy terms at that time, so I asked if one of us happens to move away, but not the other, can one person cancel. He said yes. He said the monthly was 78.05, so if one person cancels, it would be about $39. Xx for the other.

He made BOTH of us sign a whole bunch of papers real quick, saying it was all just waivers of responsibility. He did not say anything about the "72 hrs" to read things over and cancel. Suffice to say, about a year later my wife and I seperated, and she moved far away.

I called to cancel her and I was told a totally different story by the corporate office. They told me that if she cancels, that it will only take $13.50 off off of the $78.05. They said that mine is $13.50 and hers is $13.50 and the rest, $51.05 is the finance charge that I "Agreed to pay" at the signing.

I told them that their representative illegally mislead me, and made false statements in order for me to sign the contract. I was VERY rudely told, "well it is your responsibility as a BUYER to read over everything and if you disagreed to cancel w/in the 72 hrs." I explained I was not educated that I was a buyer, and that this was a actual financed loan, and I was directly lied to so I would be coerced into buying the membership. I was told the same thing. So I said, ok well then that means my wife is ALSO a buyer, and we are equally responsible since we BOTH signed, and if we BOTH signed, and she moved, HALF the charges should be gone. The rep stated no, I am the SOLE buyer, and her signing meant nothing. I incredously told her the rep at the gym worded the membership purchase using SEPERATE amounts (39. Xx), totalling $78.05. I told her this is there problem, not mine because a rep that legally spoke on the company's behalf made false statements, and doing so is LEGALLY binding and they HAVE to drop it down to 39. Xx. The corporate customer service rep basically told me it was my fault for being negligent in not reading the "contract" even though I did not know it was a contract or I was a so called buyer. She said she would file a complaint.

Now I know that "internal" complaint is going to do nothing, and get me nowhere real fast. With the divorce pending, I am low on funds and cannot pay the $65.00 they want me to pay. Furthermore, a friend of mine just joined with 2002 rates, paid NOTHING down (and I paid 200 down), and is only paying $45 a month for 5 years. I had 99 rates, and now they want me to pay $65.00 for ONE person? It's amazing, and I don't think it's legal. Is there anyone out there that can help me?

Company: Bally Total Fitness
Country: USA
State: California
City: Northridge

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