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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 30167
Experience:  Lawyer
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After approximately 1 month into our gym membership, my

Customer Question

After approximately 1 month into our gym membership, my daughter, age 15, decided to add personal training . This decision was to place an additional $90.96 per month to our membership dues of $14.99 and $15.99, bringing the monthly dues to $121.94. I was informed that the additional monies were to be taken out of my daughter's bank account on or after the 13th day of Dec. Nov. 29, 2016, the club submitted for the additional amount of $90.96 and was paid. I requested an immediate refund of the additional amount verbally, through customer service email, and in writing through hand delivery to facility manager. After several emails from Dec 5 to present, I have been offered a $49.00 refund as I informed them I had been charged for twice that amount. Response has been several excuses to the email receved today now stating there will be no refund made at all.
Note the auto pay was connected to the bank account of my 15 year old daughter. What can I do now? I just want them to refund for services we did not receive nor ever received written copies to
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

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.

Expert:  Lucy, Esq. replied 9 months ago.

Do you have any other questions about this?