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How to cancel personal training at LA Fitness, after I sent a cancellation demand letter explaining the situation.

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I have a membership with LA Fitness, a personal trainer approached me motivating me to sign up for a months worth of training for $350 10 sessions. I asked the PT that i only wanted this for a month as for I wasn't sure I would even keep it for long. The PT said it was a months charge I only had to pay up front the 1st and last months i would be there and didn't explain nothing more, just asked for the cc#,name,address and never received no paperwork. We were under the impression of a month, later found out it was a contract for 12months! I called the LAF PT because the PT lied to me and his response was "there is nothing he could do". I sent a letter to cancel my PT training. But they have declined, I have cancelled my cc so they couldn't charge me anymore. Please advice or help!

2 Attorney Answers

It appears that your contract was based upon a fraudulent representation. You have a cause of action for breach of contract and fraud. I suggest that you send a certified letter to the CEO of LA Fitness and entitled the letter as DTPA letter (Texas Deceptive Trade Practice). In the letter states the facts and in the next paragraph states that you want your money back (cancellation of the contract with restitution) and if they do not credit your account accordingly, you will have no alternative but to request your attorney to pursue your claim under the DTPA statute and get 3x damages. In addition you will pursue other remedies for statutory fraud and common law fraud.
I understand you frustration but there are some inconsistencies in your post. You wrote that you thought it was a month's charge, but you paid the first and last month. Why would you pay the first and last, if it was only for one month? Then you wrote that you were under the impression it was only for one month. Your post does not say what gave you that impression. Is that what you were told?
Since you have cancelled your credit card, you cannot be charged further unless the credit card company's investigation substantiates LA Fitness' position and not yours. In the meantime, I am not sure that you need help at this point. One word of advice though: get everything in writing (or record such conversations since Texas is a one-party state).

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