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30-day free trial turned into a $500 charge and $800 fee to cancel after 2 weeks.

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CaptainJackSpar

Junior Member
While I was inquiring about a local fitness facility my salesperson told me that I would have a risk-free trial period of 30 days and I could cancel at any point beforehand. He also told me that I would be on a pay-per-month plan, as per my request due to my finacial situation. Two weeks later I was charged $500 and told that if I wanted to cancel I would need to pay 40% of the contract fee, or $800, since it had been past the 3 day trial period as per the law. I am a 19-year-old college student and do not have a source of income. I was considering becoming a member to help overcome my depression and had no intention of spending more than I had saved for 6 months. The charge took everything out of my bank account and left me with nothing. Moreover, as I understood them, I owe them a further $1,800 should I not pay thier canclation fee.

The 30-day free trial period is advertised on their commercial and website. I was looking at the reviews for this place and several others have made similar claims about being lied to during the signing.

Do I have a case to have this contract annulled due to misrepresentation and get my money back? If not, what happens if I have no money in my bank account when they charge me again?

I am in Texas, San Antonio.


Edit* I have also explained my situation and requested information from the state attorny, but it has been two days and I have heard nothing from them.
 
Last edited:


justalayman

Senior Member
You neee to read whatever contract you signed, very thoroughly. It should provide you whatever timelines are relevant to a trial period and means to terminate the contract. If you failed to comply with the term of the contract you signed, it’s likely you are stuck for at least the termination fees.
 

quincy

Senior Member
While I was inquiring about a local fitness facility my salesperson told me that I would have a risk-free trial period of 30 days and I could cancel at any point beforehand. He also told me that I would be on a pay-per-month plan, as per my request due to my finacial situation. Two weeks later I was charged $500 and told that if I wanted to cancel I would need to pay 40% of the contract fee, or $800, since it had been past the 3 day trial period as per the law. I am a 19-year-old college student and do not have a source of income. I was considering becoming a member to help overcome my depression and had no intention of spending more than I had saved for 6 months. The charge took everything out of my bank account and left me with nothing. Moreover, as I understood them, I owe them a further $1,800 should I not pay thier canclation fee.

The 30-day free trial period is advertised on their commercial and website. I was looking at the reviews for this place and several others have made similar claims about being lied to during the signing.

Do I have a case to have this contract annulled due to misrepresentation and get my money back? If not, what happens if I have no money in my bank account when they charge me again?

I am in Texas, San Antonio.


Edit* I have also explained my situation and requested information from the state attorny, but it has been two days and I have heard nothing from them.
I hope you saved a copy of the advertisement. Companies cannot mislead or deceive consumers. If an advertisement impacted your purchase decision, you could have a claim worth considering. You might want the advertisement and any promotional material you received, along with the contract you signed, personally reviewed by an attorney in your area. Your college may have a student legal department where you can have these reviewed for free.

Good luck.
 

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