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A gym will not refund overcharges. Saying I should have noticed sooner.
Anonymous4 views4 answers
I had a year long gym membership at 20$ a month, and it came out of my checking account as a reoccurring payment. The billing was supposed to stop on Jan 8th. I renewed my membership for 6 months at the end of my first year membership and I paid in full. I noticed on my August bank statement that they were billing me 20$/mo. and had never stopped billing me after the first year. I went to the gym to ask them to refund it and they said they couldn't because their billing company only allows them to refund up to 2-3 months. Whether or not I should have caught it sooner I don't think it's right for them to accept payments for services not provided. What should I do? I am thinking small claims court, but they are scaring me with the 2-3 month thing, do I have a chance to win?
A small claims action might well be in order. Their billing company has nothing to do with this, you were charged without authorization and it was their mistake. Demand all of the overcharges back.
I agree with Attorney Brennan. This is clearly THEIR problem and they need to make it right to you. Looking at this another way, however, it *sounds* like you like this place and may want to continue to work out there. If that is the case, suing them is likely to be contrary to your longer term goals.
I would talk to the manager there. As a long term GOOD customer, they should have all KINDS of ways of making this up for you. They could either give you free or discounted additional services, (which, in a sense, you have already paid for), or they can agree to extend your membership. Since THEY made the mistake and since you have effectively paid a year in advance, I would think they should give you some extra time, free.
If that does not work, and you are resigned to finding another gym, then I would go ahead and file a small claims action.
James Frederick
Yes, you do. Breach of contract carries a 6 year statute of limitations. Don't be scared...scare them. Consider talking to an attorney about a possible consumer protection act claim, which allows you to recover attorney fees, which may exceed the amount of their claim
Are you sure you didn't sign an agreeement that said after the original term, the contract would renew automatically for a month-to-month term if you didn't cancel it?
