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LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 12933
Experience:  General practitioner with diverse legal experience.
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I'm trying to figure out if there is any utility in bringing

Customer Question

hi - I'm trying to figure out if there is any utility in bringing a claim against an old fitness club that I just discovered has been billing me for 3 years
JA: What state are you in? It matters because laws vary by location.
Customer: WI
JA: Has anything been filed or reported?
Customer: with the club?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Legal
Expert:  LegalPro54 replied 5 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Most likely when you signed your gym membership contract you agreed to the recurring charges. If that's the case, any claim you make against the gym would fail, even if you did not use the gym and did not actually know you were being charged. I would ask the gym to cite the language from my contract which authorized them to make these charges, explaining that if they can't you will take them to small claims court. This should get you a clear answer pretty quick. Either they produce the contract language in which you agreed to the charges, or they can't and then you have clear evidence that the charges were without consent.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 5 months ago.
I am positive i cancelled the account and sent them a notification. I also spoke to the manager at the time and we agreed on the cancellation. I have never noticed the charges and haven't been to that gym in 3 years, the total accrued charges since i 'cancelled' are almost $1700. I cannot find the email exchange between myself and the manager and I don't think he works there any more.
Expert:  LegalPro54 replied 5 months ago.

Thank you.

If you cancelled then that obviously changes things. However, you as the plaintiff would still bear the burden of proof, and if you cannot locate the cancellation email all you have is your testimony. If determined to be credible, you could still certainly win the case, but it comes down to a "word versus word" situation, you saying you cancelled and the gym saying they never received your cancellation. The other point that the gym would likely make is that you should have discovered you were still being charged by examining your monthly bank/credit card statements, and that not coming to them sooner is consistent with you not having cancelled. I'm not saying it's a good argument, but I would expect them to make it anyway, just given how long you were getting billed without questioning it.

Again if there is anything more I can do for you just let me know. It's my pleasure....