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Memebership automatically renewal and money charged from Credit card

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XM2008

Junior Member
What is the name of your state (only U.S. law)? NJ

What is the name of your state (only U.S. law)? NJ

Here are legal issue and facts:

(1) I joined a sport recreation Center (JCC) on Sept. 2013, signed a (A) Application/Membership agreement, and (B) Electronic Payment Form, authorizing JCC to withdraw monthly membership fee ($99 per month, $1188 annually)

(2) I went to JCC on regular base until May 2014 when an event change my life so I ceased going to JCC. so I used the membership for only 8 months

(3) I have been travel a lot and in and out of town frequently, did not realize they kept charging membership fee from my credit card, from the date my annual membership expired which is Sept. 2014 until July 2015.

(4) I raised the issue to JCC and asked to refund the money they charged from Sept. 2014 to July 2015. I was told that Electronic Payment Form is an agreement to renew my membership automatically.

(5) The membership clause in Electronic Payment Form:

"I understand that membership for the JCC is an annual membership, renewing after the first year on your anniversary date and every other year after that on September 1. Membership is not refundable not transferable. The JCC board of Director may change the annual dues effective September 1 of each year, thus affecting the rate and/or processing fee for electronic one time or monthly payments, I will receive at least four weeks notice prior to such change. Upon renewal, if I wish to terminate or change my membership, I will give the JCC 30 days written notice, JCC Membership card(s) need to be returned to the JCC membership office upon termination,"


Thus it is very clear that there is NO automatic renewal element in the clause. Nonetheless "Clear and conspicuous" disclose of any automatic-renewal statement.

(7) they said maximum amount they can refund is membership fee of 3 months.

Should I take them to the court? Any legal advice and opinion is helpful.

Thanks
 


Zigner

Senior Member, Non-Attorney
(5) The membership clause in Electronic Payment Form:

"I understand that membership for the JCC is an annual membership, renewing after the first year on your anniversary date and every other year after that on September 1. Membership is not refundable not transferable. The JCC board of Director may change the annual dues effective September 1 of each year, thus affecting the rate and/or processing fee for electronic one time or monthly payments, I will receive at least four weeks notice prior to such change. Upon renewal, if I wish to terminate or change my membership, I will give the JCC 30 days written notice, JCC Membership card(s) need to be returned to the JCC membership office upon termination,"


Thus it is very clear that there is NO automatic renewal element in the clause. Nonetheless "Clear and conspicuous" disclose of any automatic-renewal statement.
Huh? It's just the opposite. It is VERY clear that your contract automatically renews. They are being generous by offering 3 months back to you.
 

single317dad

Senior Member
Should I take them to the court? Any legal advice and opinion is helpful.
Probably not. Every gym membership works this way. Most every gym has been to court multiple times. Most gyms and their legal teams have honed their agreements over time in response to lgeal decisions. You'll probably lose your court case, and the good will that got them to grant you the 3-month refund.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ

What is the name of your state (only U.S. law)? NJ

Here are legal issue and facts:

(1) I joined a sport recreation Center (JCC) on Sept. 2013, signed a (A) Application/Membership agreement, and (B) Electronic Payment Form, authorizing JCC to withdraw monthly membership fee ($99 per month, $1188 annually)

(2) I went to JCC on regular base until May 2014 when an event change my life so I ceased going to JCC. so I used the membership for only 8 months

(3) I have been travel a lot and in and out of town frequently, did not realize they kept charging membership fee from my credit card, from the date my annual membership expired which is Sept. 2014 until July 2015.

(4) I raised the issue to JCC and asked to refund the money they charged from Sept. 2014 to July 2015. I was told that Electronic Payment Form is an agreement to renew my membership automatically.

(5) The membership clause in Electronic Payment Form:

"I understand that membership for the JCC is an annual membership, renewing after the first year on your anniversary date and every other year after that on September 1. Membership is not refundable not transferable. The JCC board of Director may change the annual dues effective September 1 of each year, thus affecting the rate and/or processing fee for electronic one time or monthly payments, I will receive at least four weeks notice prior to such change. Upon renewal, if I wish to terminate or change my membership, I will give the JCC 30 days written notice, JCC Membership card(s) need to be returned to the JCC membership office upon termination,"


Thus it is very clear that there is NO automatic renewal element in the clause. Nonetheless "Clear and conspicuous" disclose of any automatic-renewal statement.

(7) they said maximum amount they can refund is membership fee of 3 months.

Should I take them to the court? Any legal advice and opinion is helpful.

Thanks
If they are willing to refund 3 months then you really should accept that. It would cost you more to fight it. However, I would recommend that you cancel that credit card and get the credit card company to replace it, because I can just about guarantee that they will start charging it again, even after refunding you.
 

Zigner

Senior Member, Non-Attorney
If they are willing to refund 3 months then you really should accept that. It would cost you more to fight it. However, I would recommend that you cancel that credit card and get the credit card company to replace it, because I can just about guarantee that they will start charging it again, even after refunding you.
That won't necessarily work. Credit card issuers will often permit recurring charges billed against old cards to continue when a card is replaced. It can't hurt to try, but the OP should keep a MUCH closer eye on his statement.
 

XM2008

Junior Member
Huh? It's just the opposite. It is VERY clear that your contract automatically renews. They are being generous by offering 3 months back to you.
Thanks for reply, However, I don't agree,

(1) The electronic payment form (EPF), per se is NOT a contract. The contract is membership agreement (A) which merely states the membership is annual based.

(2) members has options to pay by checks or by credit card. if you pay by check, you get membership and do not have to sign EPF. This means that membership has NO automatic renewal element.

(3) thus quoted text merely states that (i) it is renewed on annual base (ii) the date of renewal. I don't see it authorizes JCC to automatically renewed it.

In many states like California, "clear and conspicuous" clause is required. It is also the key point in law suit of Seaworld Membership Auto Renewal. I just not sure how New Jersey handle this.
 

Zigner

Senior Member, Non-Attorney
Thanks for reply, However, I don't agree,

(1) The electronic payment form (EPF), per se is NOT a contract. The contract is membership agreement (A) which merely states the membership is annual based.

(2) members has options to pay by checks or by credit card. if you pay by check, you get membership and do not have to sign EPF. This means that membership has NO automatic renewal element.

(3) thus quoted text merely states that (i) it is renewed on annual base (ii) the date of renewal. I don't see it authorizes JCC to automatically renewed it.

In many states like California, "clear and conspicuous" clause is required. It is also the key point in law suit of Seaworld Membership Auto Renewal. I just not sure how New Jersey handle this.
Alrighty then. :rolleyes:
 

LdiJ

Senior Member
That won't necessarily work. Credit card issuers will often permit recurring charges billed against old cards to continue when a card is replaced. It can't hurt to try, but the OP should keep a MUCH closer eye on his statement.
In that case I would recommend simply cancelling that credit card entirely.
 

LdiJ

Senior Member
Thanks for suggestion. It seems the membership has been terminated. The existing issue is the refund。
You hope...

My daughter had a gym membership. Her situation was similar to yours although it was a debit card rather than a credit card. They gave her a refund and then started collecting from her card again a few months later, then gave her a refund again and then started collecting again a few months later. It did not finally end until she cancelled her debit card entirely and got a new one.
 

Zigner

Senior Member, Non-Attorney
You hope...

My daughter had a gym membership. Her situation was similar to yours although it was a debit card rather than a credit card. They gave her a refund and then started collecting from her card again a few months later, then gave her a refund again and then started collecting again a few months later. It did not finally end until she cancelled her debit card entirely and got a new one.
That's good advice
 

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