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I was a member in a gym for 3 years...had to cancel the

Customer Question
Hi there, I was...

Hi there, I was a member in a gym for 3 years...had to cancel the membership because I can’t afford it anymore! I went there in person filled a form and the guy at the front desk told me that since it is a less then 30 days notice i’ll Have to pay another month....I said okay and they did take the last month membership....to my surprise they are now leaving me texts & voice messages claiming that my account is past due and I have to pay my membership! This doesn’t make any sense to me! Now they don’t have my SSN and ironically they mistyped my first and last name (though I tried to fix the misspelling in my name several times before!) will they be able to gsend this to collection & ruin my credit?!

Lawyer's Assistant: What state is this in? And when did the issue begin?

California

Lawyer's Assistant: Have you contacted the manufacturer?

Issue started on October

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just if the gym has the right to sue me or not!

Submitted: 9 months ago.Category: Legal
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Answered in 5 minutes by:
11/10/2017
Lawyer: Legal Eagle, Lawyer replied 9 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,294
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. If they said either through their actions or express words that you would be able to cancel the agreement, but they have refused to do so, then this is a breach of contract and may be considered unlawful under the fair debt collection practices act and you may not only be able to defend against a lawsuit, but you may also to sue them for any damages to your credit report.

The reason it would be a breach of contract is because they would be breaching the modified agreement that you had with them to cancel your membership. Under the Fair Debt Collection Practices Act at section 1692(e), it is unlawful for a debt collector to say that you owe a balance when you do not. In the future, you may want to consider just writing a cease and desist letter (click here) for all collection attempts under the FDCPA. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If they continue, then you should file a complaint with the FTC regarding their action.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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