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California Fitness Scam - Have a date in Small Claims Court this month

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  1. #11

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    Quote Originally Posted by iliketurtles:
    This isn't true.

    Unless the contract expressly excludes all enticements and representations the salesperson makes, then they can form part of the contract. Even so, fraudulent misrepresentation cannot be excluded.

    What would be interesting is to record one of the CF salespeople in the middle of their "I'll promise you the world", and then using the recording in any proceedings down the line.
    My memory from over 2 years ago is a little hazy but there definitely was a clause in the contract along the lines of ' it is totally irrelevant what the salesman told you. If it is not written into this contract, and signed by a manager, then it's hot air"

    When I did want to add in a paragraph about the free training session I had been promised, both the salesman and the manager were nowhere to be found.

    The recording idea is a great one.

  2. #12

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    Is it legal to tape a conversation without notifying the other party or parties? I'm thinking of all those recorded messages before you get to a customer service agent on telephone lines....


  3. #13

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    Short answer is no, I don't think so, Fiona, but a judge is a human with as much curiosity as anyone else. They will certainly want to hear/see it, and even if it becomes inadmissible later on, it will show them what CF really did. They'll find a way to side with the innocent party.

    There's also nothing to stop you telling the salesman you're recording him. If he runs away, you really ought to know that they're out to shaft you.

    jgl likes this.

  4. #14

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    Quote Originally Posted by iliketurtles:
    Short answer is no, I don't think so, Fiona, but a judge is a human with as much curiosity as anyone else. They will certainly want to hear/see it, and even if it becomes inadmissible later on, it will show them what CF really did. They'll find a way to side with the innocent party.

    There's also nothing to stop you telling the salesman you're recording him. If he runs away, you really ought to know that they're out to shaft you.
    Very true.

    Heck, I'm one of the lucky ones, I already know CF is out to shaft me
    iliketurtles likes this.

  5. #15

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    California Fitness Scam - Have a date in Small Claims Court this month

    Quote Originally Posted by iliketurtles:
    This isn't true.

    Unless the contract expressly excludes all enticements and representations the salesperson makes, then they can form part of the contract. Even so, fraudulent misrepresentation cannot be excluded.

    What would be interesting is to record one of the CF salespeople in the middle of their "I'll promise you the world", and then using the recording in any proceedings down the line.
    But how can the OP prove they were "lied" to? It's all very well saying record the conversation but that horse bolted from the stable some time ago in the OP's case. If there's no evidence and any verbal agreement is a case of "he said, she said" then surely the case will rest on the terms and conditions of the signed contract? If it doesn't, we could all make things up to break contracts and say that's what we verbally agreed before signing surely?
    Fiona in HKG likes this.

  6. #16

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    Its best to totally avoid this Cal Fitness group. I have seen so many cons, theft and complaint cases over the years that I still cannot understand why people keep joining. Their sales tactics should be enough to scare people off IMO at least the tricks they use at the TST club.

    I hope you manage to sort this out OP and keep us posted.

    Fiona in HKG and bookblogger like this.

  7. #17

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    A great way to practise your skills at defeating the cons that constitute sales pitches in this town is to go to a Marriott Vacation Club evening. But even they have an opt out clause!

    It's quite fascinating to watch them at their game.


  8. #18

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    Quote Originally Posted by bibbju:
    But how can the OP prove they were "lied" to? It's all very well saying record the conversation but that horse bolted from the stable some time ago in the OP's case. If there's no evidence and any verbal agreement is a case of "he said, she said" then surely the case will rest on the terms and conditions of the signed contract? If it doesn't, we could all make things up to break contracts and say that's what we verbally agreed before signing surely?
    Yes I agree with that. But other evidence might be appropriate: were there any witnesses?

    At the end of the day, the law prevents you being able to fraudulently mislead a party to a contract. However, it is up to that party to prove the fraud. There are obvious practical difficulties with this.

  9. #19

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    Can I also just say that I've been a CF member for three years and never once had a problem with them? They are what they are: a low end gym with pushy salespeople. As long as you go in with your eyes open, I don't see a problem with using their service.

    oki_boy likes this.

  10. #20

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    The problem is most people will believe that they're going to get what they were told....and the sales people will just keep pushing then to sign while saying "don't worry, yes, it's all there. Sign. SIGN!!"

    I was brought up to read through everything entirely before signing anything. If it's not written down, it's going to be near impossible to prove later.

    Good luck with your case, though. Maybe the judge'll have some pity.


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