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I cancelled my gym membership in December. Not they want my January fee PLUS $75 in late fees

Ann Arbor, MI |

I cancelled in December, after it took a few tries. All seemed to go well. I get a call around the middle of the month, doesn't give much detail, I assume it is trying to get me back so I ignore it. Another week another call. I called back this time and left a message, I worried that they might not have gotten my cancellation even though I have a copy of their acceptance. Nothing through the holidays, then yesterday another call. I returned it and left a message again. Today I get a new message claiming that I owe $85. I finally make contact. They want $10 for the month after I cancelled, silly but ok. Then they want $25 for each time the tried to run my account info for payment. I told them no, they threatened collections and are willing to drop to $60. It all seems bogus to me

Attorney Answers 3

Posted

Based on the facts you provided, it sounds bogus to me too.

If you have their acceptance of your cancellation in writing before any of the new charges incurred, they should not have any standing to charge you anything more (unless you have a contract that states otherwise). I would email them - so you have a record of it - with attachments of prior contacts, stating that you owe nothing and they need to leave you alone. Be polite but firm.

If that fails, dispute the charge with the credit card company.

Law Office of Anne Marie Segal provides legal counsel to businesses and individuals. Please visit www.amscounsel.com for more information. None of the information posted on this site constitutes legal advice or forms an attorney-client relationship. This is a public forum. Please do not post confidential or fact-specific information regarding your legal questions on this site. Postings on this site may constitute ATTORNEY ADVERTISING. Past performance does not guarantee future results.

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Asker

Posted

Thank you. They are claiming the late fees come from the $10 for the next month. I had closed that bank account. They are claiming that they get charged for trying to bill it, like a bounced check.

Anne Marie R. Segal

Anne Marie R. Segal

Posted

They can claim all they want. If you have no legal obligation to pay it and they keep billing you, that's their problem. Good luck.

Asker

Posted

Thanks for the info

Posted

Most likely, the answer to your question is within the contract that you signed. Review it to determine when you need to give notice of cancellation, what charges you are liable for, etc. Keep copies of everything!

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Posted

You need to take a look at the written application/contract you see to what they may or may not be entitled to. But some of these fees and add-ons may be bogus and even violate the Michigan Consumer Protection Act.

Please be advised that there is no attorney-client relationship between us. No attorney-client relationship exists between us until an engagement agreement has been fully executed by both of us. There may be statute of limitations issues and other factors that may impact your legal rights and remedies. The information provided is for educational purposes only and is otherwise not to be relied upon for any purpose.

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Asker

Posted

Thank you. After the advice I received here from here, I emailed them told them I had sought advice. The next thing you know all the late fees are waived. Thanks to all who answered

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