Hello, I have a monthly membership with a massage practice. I was in-contract for 12 months, at which point it becomes a monthly membership requiring 30 day cancellation. The 12 months has passed and I decided to cancel my membership. I mailed a written and signed 30 day cancellation notice. They called me to tell me they received it, but will not cancel until I either come in and fill out their cancellation form, or fax it (they do acknowledge that I am eligible to cancel). I explained that I do not wish to go through the extra hassle making extra trips and that they are required to cancel my membership in 30 days from my written notice. They still refuse stating that it is their policy to only cancel when the customer fills out their official cancellation form. Is this legal?
You should look at the contract to see whether it requires the notice to be given in person or by fax or in some other specified manner. If that is what you agreed to by signing the contract then yes, it is legal. If you are still unsure after rereading your contract, you could contact an attorney for a more definitive answer, but it will probably be easier and less expensive to cancel in the manner they have requested.
Whether they have the right to do this really depends on what your membership agreement says. However, as a practical matter, since they aren't disputing your right to cancel, it seems that the simplest solution is to simply complete their cancellation form and fax it to them; that should involve a minimal amount of travel and hassle for you, and would certainly be less stressful and time-consuming than trying to argue with them about this.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference.
I agree with the prior two answers. It's not worth the strain on you to argue the point. Have them e-mail or mail the form to you, fill it out and fax it back. If you choose to take the time to review the contract or pursue legal action, all you're going to get is more aggravation and a few more months of paying for the service while the process plays out, even if you prove your point.
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