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  1. #1
    Join Date
    Apr 2016
    Posts
    2

    Default Change in the Contract Term of a Gym Contract from the Agreed Period

    My question involves a consumer law issue in the State of: New York

    So 7 months ago I signed a contract for fitness sessions. The person training me was a friend who worked for the owner. Went in for a free consult and I liked it so I told him id like to do a month and then go from there. He said thats fine and I can sign up. So when I was filling out the contract. There was a section where you put your name and the length agreement for how long and I put down for 1 month. Then I signed the contract and left fully believing I had signed on for a month plus 30 day notice of cancellation. The owner was there and and filled out his part and signed it. So I go for a month fully believing I signed a one month. When I try to cancel he says that the contracts are for 6 months. I get infuriated and leave. My friend who was training me apologized and said he too believed that I was signing up for a month. At the time I was dealing with many health issues and school so I had no money to contact a lawyer. My health started to deteriorate so I forgot about trying to fight this. Now recently I look at a statement and he I'm still being charged monthly. I took a look at the original contract that I signed thats in his possesion and he wrote over what I put down as the length agreement and said there is nothing I can do and that regardless of what I put down the contract length was different but hadn't told me at the time. I fully believed I was signing up for something different other than what he was signing me up for. I just don't understand how if I put something down in contract and signed it believing that was the agreement that he could change it without me knowing and continue to charge me.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Service Length Agreement Was Changed After I Signed Contract, Can I Get My Money

    Quote Quoting arz33
    View Post
    My question involves a consumer law issue in the State of: New York

    So 7 months ago I signed a contract for fitness sessions. The person training me was a friend who worked for the owner. Went in for a free consult and I liked it so I told him id like to do a month and then go from there. He said thats fine and I can sign up. So when I was filling out the contract. There was a section where you put your name and the length agreement for how long and I put down for 1 month. Then I signed the contract and left fully believing I had signed on for a month plus 30 day notice of cancellation. The owner was there and and filled out his part and signed it. So I go for a month fully believing I signed a one month. When I try to cancel he says that the contracts are for 6 months. I get infuriated and leave. My friend who was training me apologized and said he too believed that I was signing up for a month. At the time I was dealing with many health issues and school so I had no money to contact a lawyer. My health started to deteriorate so I forgot about trying to fight this. Now recently I look at a statement and he I'm still being charged monthly. I took a look at the original contract that I signed thats in his possesion and he wrote over what I put down as the length agreement and said there is nothing I can do and that regardless of what I put down the contract length was different but hadn't told me at the time. I fully believed I was signing up for something different other than what he was signing me up for. I just don't understand how if I put something down in contract and signed it believing that was the agreement that he could change it without me knowing and continue to charge me.
    If you cancel your debit card or cancel your bank account that will stop them from taking the money. I would then take the owner to small claims court for altering the contract after you had already signed it.

  3. #3
    Join Date
    Apr 2016
    Posts
    2

    Default Re: Service Length Agreement Was Changed After I Signed Contract, Can I Get My Money

    I did and the bank said they would investigate first. My only concern is that a few other people did that and he sent their account to collections.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Service Length Agreement Was Changed After I Signed Contract, Can I Get My Money

    Quote Quoting arz33
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    I did and the bank said they would investigate first. My only concern is that a few other people did that and he sent their account to collections.
    If you take him to small claims court for altering the agreement and win, then he cannot send it to collections. Why does the bank need to investigate you cancelling your debit card or closing your account?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Service Length Agreement Was Changed After I Signed Contract, Can I Get My Money

    Quote Quoting llworking
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    If you take him to small claims court for altering the agreement and win, then he cannot send it to collections.
    It's more accurate to say that he isn't supposed to do so, and that it would be stupid for him to do so, as then you get to sue him again for statutory damages under the Fair Credit Reporting Act (FCRA) and easily win. I wouldn't expect him to be that foolish, but you never know....

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Service Length Agreement Was Changed After I Signed Contract, Can I Get My Money

    Quote Quoting arz33
    View Post
    to see if the merchant had any legitimacy for continuing to take my money not for cancelling my card. They advised me to wait to see if they cant make it right before going to small claims. Point being for misleading me and then altering the contract.
    I have been in your shoes and I simply cancelled my card and got a new one. Problem solved.

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