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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Planet fitness has sent me more than twenty text messages on

Resolved Question:

Planet fitness has sent me more than twenty text messages on my Iphone saying I owe them money. I have called three times and been told they can do nothing about it, but I had better pay up.

I do not now, nor have I ever been a member of Planet Fitness. I am eighty years old and I am not about to join now.

What can I do to stop this, and can they hurt my credit?
Submitted: 9 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your post. Please permit me to assist you with your concerns.

I am sorry you are being exposed to this. To make sure I fully understand, you are not, and have never been a member? Did they provide you with a copy of your alleged contract? Did you nd up calling the main company phone number or did you call the collection agency? Other than via text, did you get anything in writing from them by mail?
Customer: replied 9 months ago.

No. I have had nothing but text messages. I called the number given on the text message. The first one was the main company, and the last two were local. They just said that someone else must have used my number, but that I am resposible.


 


And no, I have never joined a gym, no gym, let alone Planet Fitness, which I have heard bad things about before.

Expert:  Dimitry K., Esq. replied 9 months ago.

Sherry,

Thank you for your follow-up.

Text messages are irrelevant, under law they have to prove and show that there is a legitimate debt and contract. That means they have to send you a written demand for money, and you can respond by demanding that they, as per the FDCPA (Fair Dept Collection Practices Act), within 30 days provide proof and evidence that this is your debt and your obligation. If they fail to do so, they cannot collect and furthermore they would be in violation of this law that would permit you to file suit against them for each instance of this violation. What they told you about someone else using the number and that makes you liable is simply ludicrous--the person who signed is liable, not you. If they continue pestering you, tell them that they are violating the FDCPA if they aren't providing you with evidence of the contract, and if they continue to do so, you will take legal steps against them

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 35654
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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