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Old 08-27-2011, 08:20 AM
 
54 posts, read 196,866 times
Reputation: 55

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Just wondering which LA Fitness?
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Old 08-29-2011, 10:45 AM
 
213 posts, read 865,728 times
Reputation: 196
@RonRut: This the one in Las Colinas.

Went and talked with the training manager after we were made to wait for 45 mins despite having an appointment. The guy pulled out the contract that we had apparently signed. Turns out, it was a contract with the digital signature pulled from our CC transaction. I let him know that this is not something that we signed, nor were we shown the contract or given a copy.

At this point, he stopped giving us the usual spiel and seemed confused. He then promised us that he will get in touch with the upper management and get back to us on Monday. He asked what exactly were our concerns (that being a contract that we did not want to get into) so that he can do something to fix it. He also admitted that time-management has been an issue with the trainer that got us in the contract and he will talk with him regarding that.

Next day, we got a call from the trainer and he asked if we could cancel the CC itself so that L.A. Fitness cannot bill it any more. He wanted us to come down to the club to discuss it but we had prior engagements on Satuday, so we decided to meet on Monday, which is today. Will meet him tonight and see what he proposes. But I find the request for cancelling the CC highly irregular. On top of that, when we told him that we already had a chat with your manager and he promised to look into the matter, the guy says that the manager, for that matter, the whole management will make such claims but will not do anything! So why the f*** did you ask us to meet him when we came to you with our issue?!

Highly unprofessional!
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Old 08-29-2011, 10:50 AM
 
Location: North Texas
2,482 posts, read 6,533,345 times
Reputation: 1726
Quote:
Originally Posted by abpat2203 View Post
@RonRut: This the one in Las Colinas.

Went and talked with the training manager after we were made to wait for 45 mins despite having an appointment. The guy pulled out the contract that we had apparently signed. Turns out, it was a contract with the digital signature pulled from our CC transaction. I let him know that this is not something that we signed, nor were we shown the contract or given a copy.

At this point, he stopped giving us the usual spiel and seemed confused. He then promised us that he will get in touch with the upper management and get back to us on Monday. He asked what exactly were our concerns (that being a contract that we did not want to get into) so that he can do something to fix it. He also admitted that time-management has been an issue with the trainer that got us in the contract and he will talk with him regarding that.

Next day, we got a call from the trainer and he asked if we could cancel the CC itself so that L.A. Fitness cannot bill it any more. He wanted us to come down to the club to discuss it but we had prior engagements on Satuday, so we decided to meet on Monday, which is today. Will meet him tonight and see what he proposes. But I find the request for cancelling the CC highly irregular. On top of that, when we told him that we already had a chat with your manager and he promised to look into the matter, the guy says that the manager, for that matter, the whole management will make such claims but will not do anything! So why the f*** did you ask us to meet him when we came to you with our issue?!

Highly unprofessional!
I would be filing a complaint TODAY with the BBB. And contacting the corp office of LA Fitness and inform them of the practice that this branch is using with electronic signature. And make them awear you were not given a copy or emailed a copy of the "said" contract.
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Old 08-29-2011, 10:58 AM
 
213 posts, read 865,728 times
Reputation: 196
Yes, these guys are not leaving us with much options. I wanted to give them a fair chance in resolving the issue but if this is what they come up with, then that doesn't leave me with much choice. I will wait until tonight's meeting and hear the guy out and then get in touch with BBB.

A question for the legal experts here: does pulling a digital signature from the credit-card transaction and putting it on the paper contract make it a valid contract?
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Old 08-29-2011, 11:44 AM
 
Location: North Texas
24,561 posts, read 40,291,156 times
Reputation: 28564
Quote:
Originally Posted by LQQKOUT View Post
I would be filing a complaint TODAY with the BBB. And contacting the corp office of LA Fitness and inform them of the practice that this branch is using with electronic signature. And make them awear you were not given a copy or emailed a copy of the "said" contract.
I'd go beyond this and just sue. This is outrageous and ridiculous.
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Old 08-29-2011, 11:50 AM
 
Location: North Texas
2,482 posts, read 6,533,345 times
Reputation: 1726
Quote:
Originally Posted by BigDGeek View Post
I'd go beyond this and just sue. This is outrageous and ridiculous.
Of course I said sue in my earliest post- however I would still file with the BBB and several other consumer companies as well as contacting the corp office. However----- I just don't think the OP is saying everything about the situation....not calling out anyone...it just some how there is a contract that was signed. How can the OP prove they didn't sign that?
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Old 08-29-2011, 12:56 PM
 
2,206 posts, read 4,748,829 times
Reputation: 2104
Quote:
Originally Posted by abpat2203 View Post
A question for the legal experts here: does pulling a digital signature from the credit-card transaction and putting it on the paper contract make it a valid contract?
No, they need your signature or a voice recording.
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Old 08-29-2011, 01:38 PM
 
213 posts, read 865,728 times
Reputation: 196
Quote:
Originally Posted by LQQKOUT View Post
I just don't think the OP is saying everything about the situation....not calling out anyone...it just some how there is a contract that was signed. How can the OP prove they didn't sign that?
I am sorry, I didn't get what you mean by "not calling out anyone".

I am new to USA, so I am still learning about what my options are. This is precisely why I created the thread, so that I know I am exploring all the options available to me.

From what others have suggested here, I should be doing the following:

1. Talk it out with L.A. Fitness
2. Report this to BBB
3. Report this to Texas Attorney Journal's office
4. Bring it to some local TV channel's attention
5. Go to small claims court

Right now, I am at step 1. As much as I would have loved to have this sorted out at Step 1 itself, seems like I will have to go to Step 2.

Please do tell if I am missing out on something in between. Not being a citizen of US, I do not want to take the court route.

As for how can I prove that I did not sign a contract, I would think that the onus lies on LA Fitness to prove that I did sign one, which they haven't done till now. What they have shown is a contract with a digital signature on it, which unless I am wrong, is not a valid contract.

I am sorry if my posts seem to be troll posts or if appears as if I am hiding any information; I am being completely honest with the facts and what I am going through. This board has been very helpful in suggesting me ways to deal with this. If not for this board, I would have never known about the Small Claims court! So thank you to all of you!
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Old 08-29-2011, 01:42 PM
 
Location: Mostly in my head
19,855 posts, read 65,835,634 times
Reputation: 19380
This is why banks, reputable companies, etc require a "wet" signature, that is one in link. That is a legal signature.

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Old 08-29-2011, 01:45 PM
 
213 posts, read 865,728 times
Reputation: 196
Thank you. That is what I thought and you and TX75007 confirm as well.
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