Last year I signed up for a year long gym membership in Arkansas. THe contract signed had gym membership fees due each month at a price of $43.60. Last month when I tried to cancel my membership, I had to request a copy of my contract in order to get my membership number because I had misplaced my original carbon copy.
After I got the copy, I noticed that underneath where they had the price written in at $43.60, underneath they had added a +$16.65 = $59.95 to the original contract. I tore apart my home until I found my original copy and noticed that the original signed contract did indeed state $43.60 with no extra writing below it.
I wish I had noticed this sooner, but my fees were automatically withdrawn and I have gotten used to having bills automatically withdrawn with no problems. I checked back over the past year, and they have been deducting $59.95 since the second month of the contract.
My question is this: In my eyes, I see this as a breach of contract because they basically were stealing money out of my pockets without my knowledge or consent. I have done a little research but want to know what kind of case I have against the gym. Am I only entitled to the $16.65 a month they have been deducting without my consent, or since this has been going on for the entire contract, can I sue the gym and have all of my fees returned to me since in essence, they have violated the contract from day 1? I guess the term would be rescission according to my research.
I have made scans of both copies of the contract but do not know how to post them on this board. If anyone can offer me some advice but needs to see the scans, let me know. I appreciate any help at all!
After I got the copy, I noticed that underneath where they had the price written in at $43.60, underneath they had added a +$16.65 = $59.95 to the original contract. I tore apart my home until I found my original copy and noticed that the original signed contract did indeed state $43.60 with no extra writing below it.
I wish I had noticed this sooner, but my fees were automatically withdrawn and I have gotten used to having bills automatically withdrawn with no problems. I checked back over the past year, and they have been deducting $59.95 since the second month of the contract.
My question is this: In my eyes, I see this as a breach of contract because they basically were stealing money out of my pockets without my knowledge or consent. I have done a little research but want to know what kind of case I have against the gym. Am I only entitled to the $16.65 a month they have been deducting without my consent, or since this has been going on for the entire contract, can I sue the gym and have all of my fees returned to me since in essence, they have violated the contract from day 1? I guess the term would be rescission according to my research.
I have made scans of both copies of the contract but do not know how to post them on this board. If anyone can offer me some advice but needs to see the scans, let me know. I appreciate any help at all!