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MDLaw
MDLaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5827
Experience:  Experience in consumer litigation and FDCPA matters
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My gym is trying to charge me a processing fee to cancel my

Resolved Question:

My gym is trying to charge me a processing fee to cancel my service. They also want to bill me for the next months bill even though I am 31 days from my next billing cycle. The contract states: If you wish to discontinue your Month-to-Month membership you
may do so at any time with a payment of a twenty-five (25) dollar processing fee that is due upon membership termination and surrendering your
membership card. Your processing fee payment may be provided at the club or mailed via certified mail to YouFit Member Services. In order
to discontinue billing YouFit requires at least thirty (30) days notice prior to your next billing date.

It may take up to 60 days to process your requests. Unless cancelling
membership for any of the provisions listed below.

You may request a cancellation of your Term Membership at anytime by providing payment of a one hundred (100) dollar Buy-Out fee. In order for your request to be
processed all of the following terms must be met.
1. Payment of your account must be current.
2. Buy-Out fee of $100 must be paid at the club or through YouFit Member Services.
3. At least 30 days notice must be provided via certified mail to discontinue monthly membership billing.
4. You must surrender your membership card

In order to cancel a month-to-month membership a $25 processing fee is due upon membership termination. All notices to You Fit hereunder shall be mailed (certified or
registered, return receipt requested) to YoUFIT MEMBER sERVICEs AT 14241 nE WooDInVIllE DUVAll RD, PMB 434, WooDInVIllE, WA 98072.

But I feel that it is highly deceptive, when we signed up no one told us about this provision, they told us we were on a month to month contract and that it was no problem to cancel if you needed to. Plus, we are trying to cancel 31 days before the next bill, the contract says 30 days or more. They are unwilling to work with us, what should we do?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  MDLaw replied 3 years ago.
What is your legal question?
Customer: replied 3 years ago.
Is this legal? Can they charge me a processing fee? I was never told about it, I don't feel like it is fair for them to keep billing me for a service I do not want and say I have a month to month contract when I have to pay a fee to cancel.

Secondly, How can they charge me for the month of September when it is 31 days away and the contract states 30 or more is what is required. They told me it was too close to this billing date for it to happen, but the contract never states anything about this billing date. The August bill is due tomorrow, I agree I can pay for that but they want to bill me in September also which would violate the contract. Doesn't that void the contract, therefore I owe them nothing?
Expert:  MDLaw replied 3 years ago.
Yes, it is legal for them to charge you a processing fee since that was listed in the contract that you signed and agreed to. You stated that it was in the contract and that you signed the contract. Therefore, I am a bit confused as to what you mean when you say that you did not agree to it.

If you gave them the requisite notice, then they should not be continuing to charge you.

However, that does not void the contract. If you cancelled, you owe them the processing fee.

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
MDLaw, Lawyer
Satisfied Customers: 5827
Experience: Experience in consumer litigation and FDCPA matters
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