Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
If your bank account clearly shows two charges on the same account, your bank should be able to reverse one of them for you. They have the ability to go back 60 days, so that's one option. You could also explain to the bank that you never authorized the additional $90.96 to see if they can investigate the claim as a mistake on the gym's part.
A contract entered into by a teenager is voidable at the teenager's option. A 15-year-old has no legal ability to enter a binding contract other than for something necessary like food. If you haven't agreed to the contract on her behalf (which would require something in writing), you have the ability to cancel the whole thing, and you daughter could sue for a refund of all monies paid to date. You could try telling the gym that she'll exercise this option if they do not refund the entire excess charge. Or you and your daughter could go to Small Claims Court and file a lawsuit for reimbursement. You're entitled to a refund because you didn't agree to the charge on your account in the first place. Your daughter is entitled to a refund because she's a minor and the contract can be voided at any time, and she has to be reimbursed for services she didn't receive.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Do you have any other questions about this?