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Can I get a refund if they didn't post a "No Refund" policy? Texas

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JDub79

Junior Member
What is the name of your state? Texas

My fiance went to look into getting me and my daughter signed up for a mommy and me gym class. The trial class was supposed to be free and anyone can just show up, but they told us that 6 people had shown up for the last trial class and they didn't know how many people were signed up. He asked if we took the trial class and liked it, but the class was full, did that mean that we wouldn't be able to sign up. They told him yes, and he chose to just go ahead and sign her up for the class to guarantee a spot. At no time did they say he couldn't get a refund if he paid for it. It was not on our receipt, or posted anywhere in the office. This was a Tuesday. The class was that Thursday. I took the class, hated everything about it, especially the instructor and facility, and the next day my fiance called and asked for a refund. They said no, they don't give refunds. They even acted like WE were lying about being told that the class was limited to 7 people. Later, the guy admitted he was wrong and the class was limited(he also said he's the owner--shouldn't he know these things?), but he still wouldn't do the refund. He tried to blow us off a few times by saying he needs to talk to the manager(when later he tells us he's the owner). He hasn't returned my calls. When I asked him what was the problem since they didn't post the refund policy, why wouldn't they give it back to us, he said "I'm just not going to". He lied to me about calling my house (said he tried a few times and left a message---I am a SAHM, so I know that's not true). I really got all over him about not having a no refund policy posted or told to us or put on the receipt. My fiance went in there the next day to take pictures, and they had very clearly printed off a sheet of paper that said "No Refunds No Expections" and put it on the corkboard. The guy even admitted that the board looked different because he'd told someone to take a lot of the stuff down because there was "too much" on Saturday(the day after we requested the refund), but that he knew for a fact that the paper had been up there because he remembered hating the picture on it. Whatever guy. He's a liar and I don't trust him.

I cannot find the Texas law about posting refund policy. I want to file a complaint, but I want to make sure that I will really be able to get my money back and that there is some kind of law that supports my right to know ahead of time what a refund policy is. Help!
 


seniorjudge

Senior Member
JDub79 said:
What is the name of your state? Texas

My fiance went to look into getting me and my daughter signed up for a mommy and me gym class. The trial class was supposed to be free and anyone can just show up, but they told us that 6 people had shown up for the last trial class and they didn't know how many people were signed up. He asked if we took the trial class and liked it, but the class was full, did that mean that we wouldn't be able to sign up. They told him yes, and he chose to just go ahead and sign her up for the class to guarantee a spot. At no time did they say he couldn't get a refund if he paid for it. It was not on our receipt, or posted anywhere in the office. This was a Tuesday. The class was that Thursday. I took the class, hated everything about it, especially the instructor and facility, and the next day my fiance called and asked for a refund. They said no, they don't give refunds. They even acted like WE were lying about being told that the class was limited to 7 people. Later, the guy admitted he was wrong and the class was limited(he also said he's the owner--shouldn't he know these things?), but he still wouldn't do the refund. He tried to blow us off a few times by saying he needs to talk to the manager(when later he tells us he's the owner). He hasn't returned my calls. When I asked him what was the problem since they didn't post the refund policy, why wouldn't they give it back to us, he said "I'm just not going to". He lied to me about calling my house (said he tried a few times and left a message---I am a SAHM, so I know that's not true). I really got all over him about not having a no refund policy posted or told to us or put on the receipt. My fiance went in there the next day to take pictures, and they had very clearly printed off a sheet of paper that said "No Refunds No Expections" and put it on the corkboard. The guy even admitted that the board looked different because he'd told someone to take a lot of the stuff down because there was "too much" on Saturday(the day after we requested the refund), but that he knew for a fact that the paper had been up there because he remembered hating the picture on it. Whatever guy. He's a liar and I don't trust him.

I cannot find the Texas law about posting refund policy. I want to file a complaint, but I want to make sure that I will really be able to get my money back and that there is some kind of law that supports my right to know ahead of time what a refund policy is. Help!
Go ahead and try. You won't get anything if you don't try.
 

Dandy Don

Senior Member
File a complaint about this with the Better Business Bureau and contact a local television/radio station to ask if they have a consumer affairs person you can discuss this with.

Take the agreement you signed to a business law attorney and have him review it. How much of a refund are you requesting? Find your state attorney general's website and file a complaint with him also.
 

JETX

Senior Member
And NOW... for a legally accurate response!!

JDub79 said:
My fiance went to look into getting me and my daughter signed up for a mommy and me gym class. The trial class was supposed to be free and anyone can just show up, but they told us that 6 people had shown up for the last trial class and they didn't know how many people were signed up. He asked if we took the trial class and liked it, but the class was full, did that mean that we wouldn't be able to sign up. They told him yes, and he chose to just go ahead and sign her up for the class to guarantee a spot.
Obviously, he should have gotten that verbal claim in writing!!!!

At no time did they say he couldn't get a refund if he paid for it.
There is no statutory requirement for a refund notice to be made or not. In fact, absent a specific refund policy or term being posted to the contrary, there is NO legal obligation for a merchant to EVER give a refund or credit. They are offered purely as a marketing and community relations 'tool'.


They said no, they don't give refunds.
See note above.... a merchant or business is not required to offer refunds.... NORMALLY.

However, there may be an out. If this facility meets the definition of a 'health spa'... as noted in the following statute, they are REQUIRED to offer refunds in certain cases.....
http://www.capitol.state.tx.us/statutes/docs/OC/content/htm/oc.003.00.000702.00.htm#702.001.00
 

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