Legal Question in Consumer Law in Georgia
I received a piece of mail from a gym named BodyPlex out of Woodstock, GA. I have attached image links of them below. It had a place to scratch off to see if you won any of the listed prizes. As you can see, I did. I wanted to claim the 6 free massages, but after calling the gym I was informed I have to sign a 12 month contract or I could not receive the prize. I looked over the mail piece once more, there is no reference to this. On the opposite side of the mail piece, the side without the scratch off section, there are small "See club for details", but it makes no mention of any contract, and the words "FREE" are plastered everywhere. I feel like this was a very devious bait and switch tactic and has left a very soar taste in my mouth. My layman brain thinks I may have a case in small claims court, or can at least force their hand in another way to honor what they seem to be advertising. What are my options?
Front: http://i.imgur.com/AEEifCy.jpg
Back: http://i.imgur.com/B1d1mnL.jpg
2 Answers from Attorneys
Make a written complaint with the Georgia Office of Consumer Affairs and also the FTC and the Better Business Bureau. You are highly unlikely to receive anything but you may get the shady operation fined so they don't run this scam on other people. Forget the idea of getting anything from them.
Do you really want to deal with them? How much time do you want to spend on a lawsuit (plus filing fees) to get free massages? Send it to the Office of Consumer affairs, and review them on Yelp or other sites. I did not search for the images, so for this response I am assuming your facts are true.
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