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I cancelled my Fitness USA Membership within the cancellation period,and they still sent it to collections.?

Southfield, MI |

I am a 19 year old female college student and I am in need of legal advice. In May of 2008 I went to Fitness USA in Southfield Michigan and tried out their free membership and worked with a trainer that day. I enjoyed the facility and the employees and I wanted to join. The employee informed me that I could join that day and if for so reason I wanted to cancel my membership I could do so within 30 days, so I thought that it was a great ideal to give it a shot and if I couldn’t maintain the membership, simply cancel it. About a week and a half later one of their representatives contacted me asking me about the membership and if I was enjoying it. I told the lady that unfortunately I would have to cancel it due to their closing times and my school/ work schedule.Yet, the still send it to col

--- Collections. She said that it would not be a problem and that she would cancel out the membership for me. After about two months I noticed on my billing statements from the bank that Fitness USA was taking about $40 monthly from my checking account. So, I immediately went to the bank and cancel my account and opened a new one. Then I contacted Fitness USA and the rep from their company said that I never canceled within the cancellation period and that the only way I could get out was if I had a medical condition that was noted from the doctor. I told her that I spoke to someone from the company within the cancellation they said that the membership would be cancelled. She basically said that there was no way she could help me and if I didn’t pay it would be sending to collections for non payment. Of course I didn’t pay because I cancelled within the withdraw period and I received a letter from Nation Credit Corporations saying that I owe them 1,200 dollars. I was in complete shock!

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Attorney answers 1


This would be a lot easier if you had something in writing that showed you cancelled within the time allowed. As it is, it is your word against theirs, and your guess is as good as anyone's about how that will turn out.

If you can document your claim in any way (cell phone bill showing contact perhaps?) I'd feel better about this, but again, without direct proof you cancelled the account, you have an uphill battle. These companies don't make money by letting people out of their contracts, so they always play 'hardball' with people in my experience. You should document in writing NOW (at the very least) that you cancelled the membership and put in specific information such as the date, time and name of the person you spoke with.

If this doesn't get them to back off, you may have to defend yourself in Court if they sue you. I'd suggest consulting with a local lawyer as soon as possible (even before you send the letter above if at all possible -- which you should send within the next day or two at the latest!)

And for the future, please remember, if it didn't get reduced to writing, it didn't happen. Good luck!

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