A gym called FutureHealth offered me a deal in the email "If you want to do something more long term you can cancel your membership.You will get a refund for every month that you have remaining, people do that because they can save an extra $600 but they are not locked in for the full year." when purchase the annual plan for $2399. When 5 month left, I decide to cancel the plan and they respond" We can refund you but charge for shorter term membership for what you use: 6 Months is $1,650; 1 Month is $399; so 7 months would have been $2,049. Your refund is $350." which did not appear anywhere before.
Can this be considered as fraud in a contract? Should I argue with them to get more money back?
Can't really say without seeing your original contract. That being said, you should argue with them to get more money.
If it is true that this is their written policy and was stated as such in your agreement, then you should definitely try to get a refund of what you are owed. Also, you can file a complaint against them with the California Department of Consumer Affairs, https://www.dca.ca.gov/. If they do not refund your money, you can file a claim in small claims court because what you are owed appears to be under the $5,000 threshold for a case involving a corporate entity.
Toni Y. Long is licensed to practice law in California. This response is for informational purposes only and should not be construed as legal advice for any particular case or client. This posting does not create an attorney-client relationship and is not covered by attorney-client privilege. For specific advice about your particular situation, please consult with an attorney retained specifically for your situation. This response is not intended to constitute an advertisement nor a solicitation.
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