Second opion on suing a local gym?

[helpmeplz84]

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

Hello, I need assistance here with legal advice. This is a long event, so I do apologize for all of the reading in advance. What's going is that I entered to win a free gym membership at a local store. I won and received a call from a manager at the local gym informing me to pick up my free membership. So, I went to get it and was informed by an associate that the 'free membership' was valid for 30 days time, however to redeem for it, they will need to have my credit card and signature on file, which I provided to them, under the assumption that I could cancel before the 30 day period, based on the way it was presented to me. So, before the 30 days trial ends, I contact the gym in regards to cancelling the 'free membership', so they refer me to their 1-800 number. When I speak with them, they inform me that I am locked into a contract for a full year and they do not have the authority to cancel the contract unless I move 25 miles away from a gym location or unless I have a doctor's note. Which again, they do have my signature on file, but they were very misleading and I feel I am a victim of false advertisment. So for medical reasons, I contact my physician and they grant approval to provide me with a doctor's note due to a medical condition. So, they fax this information over. After faxing it over, I get a call back from the 1-800 number who informed me that my doctor's note will not suffice because #1. It doesn't state that I have a permanent disability and #2. My doctor does not disclose to them the exact medical reason why I am unable to continue using the facility. I am outraged! In response to me not having a permanent disability, NO WHERE in m contract does it state that. It specifically states 'You may also cancel if you become physically unable to use a substantial portion of the health spa for 30 or more consecutive days and must provide proof of such disability with a signed statement from a doctor." So, they are out of terms with what my contract is stating. And #2. Under the HIPPA law, my physician CANNOT disclose to any third party what my medical condition is. That is absolutly NONE of their business. I feel that are truly taking advantage of me because I am a female, I sound 'young' over the phone (which I've done ALL communication at this point via telephone), and because I sound 'very nice' over the phone. They are screwing me over to be quite frank and they have even taken it upon themselves to debit over $50 out of my account for services, which should NOT have been taken out due to me fulfilling what's in my contract. I am even more upset because the Billing Manager at the location I signed up at informed me that my doctor's note just has to specifically state that I am unable to work out or excerise for any reason and that I don't have to be permanently disabled, but she told me that she cannot cancel the contract; I have to go through the 1-800 number. But, the 1-800 number is providing me with completly different information. I am truly disstressed over this situation and it has been very time consuming with NO results.

I have spoken with a lawyer by phone in regards to this matter. He told me that I have a valid case and that he will contact me today, but I have yet to hear from him.

I just wanted a second opinion here to confirm if my case is valid. I am looking into suing this company for false advertisement, breech of contract (if that's the correct term), violation of HIIPA, and distress. Do you think I have a chance of winning this settlement?

Any legal advice you can provide will be most helpful. Thank you.

 

[justalayman]

It specifically states 'You may also cancel if you become physically unable to use a substantial portion of the health spa for 30 or more consecutive days and must provide proof of such disability with a signed statement from a doctor."

first; why did you sign a contract? By doing so, you obligated yourself to that contract.

under the assumption that I could cancel before the 30 day period,

does it provide for that in the contract?


Then, they gym could not have violated your HIPAA rights as they are not a covered entity so this is out:

suing for...violation of HIIPA

distress is out as well. They are attempting to enforce the contract you signed with them.

#2. Under the HIPPA law, my physician CANNOT disclose to any third party what my medical condition is. That is absolutly NONE of their business.

without your permission. With your permission, your doctor can release anything you allow.

It specifically states 'You may also cancel if you become physically unable to use a substantial portion of the health spa for 30 or more consecutive days and must provide proof of such disability with a signed statement from a doctor."

so, how much of the gym does your un-named physical disability prevent you from using? What areas of the gym can you not use because of your disability.




what, exactly, does your contract say about being able to terminate based on a medical condition?

 

[helpmeplz84]

first; why did you sign a contract? By doing so, you obligated yourself to that contract.

does it provide for that in the contract?


Then, they gym could not have violated your HIPAA rights as they are not a covered entity so this is out:



distress is out as well. They are attempting to enforce the contract you signed with them.

without your permission. With your permission, your doctor can release anything you allow.



so, how much of the gym does your un-named physical disability prevent you from using? What areas of the gym can you not use because of your disability.




what, exactly, does your contract say about being able to terminate based on a medical condition?

I signed the contract due to Gold's Gym deceptive advertising. They misused the word 'free'. In the raffle to win the 'free' membership, it was advertised as free. When the manager called me by phone to announce that I had won, it was once again stated to be free. And lastly, when I went to retrieve the 'free' membership, the assoicate who helped me told me that "Your free membership is valid for 30 days, however for us to issue you the free membership, we will need to have your debit card and signature on file. So, due to misleading advertisments, I provided them with that information, not knowing that it was a full fledge contract. If I wanted a contract and a full commitment, I would have went to the gym on my own time to sign up. The ONLY reason I went there is because I was told that I won a 'free 30 day membership'. So, for this in anf od itself, I am seeking to sue for Deceptive Advertising for the misuse of the word 'free'.

In my contract it specifically states 'You may also cancel if you become physically unable to use a substantial portion of the health spa for 30 or more consecutive days. You must prove such disability with a signed statement from a doctor or nurse practitioner'

So, NO WHERE does it state that I have to be PERMANENTLY disabled and no where does it state that I have to give them a note stating that I am permanently disabled and that I need to let them know EXACTLY what my medical condition is. My doctor had deemed me physically unable to continue m membership, which her note clearly states, and that is what they are asking for. Even the Manager at the location I signed up at told me "You do NOT have to be permanetly disabled, your note just needs to specifically state that you are unable to excerise or work out at all." But as I stated in my opening post, she informed me that all cancellations HAVE to go through the 1-800 number.

So, I do not have to grant my doctor any sort of permission to give a gym my medical information. What they are holding me to is NOT stated in my contract ANYWEHERE. So, I am also looking to sue them for breach of contract. You can't make up your own rules as you go along.

I am looking to sue for distress because this company has given me different information from the billing manager to the 1-800 representatives, to what is written in my contract. This is BS. I have spent so much time on the phones with them and trying to look into legal counseling, it's ridiculous. I feel that the company has the intentions of stringing me along and taking advantage of me, hence why I am interested in suing my distress. I am emotionally drained by this. I have other things in my personal life to attend to, outside of dealing with the situation. I am worn out. As I mentioned, even after sending them the legal doctor's note, they have STILL taken money out of my account and they are NOT honoring what in my contract. I can't afford to have these funds taken out for a membership that I am legally not responsible for fulfilling. I don't have much money in general and dealing with this crap and their threats to send me to collections if I don't pay is stressing me out and causing me anxiety. I cannot have a bill go to collections. I am exhausted.

 

[justalayman]

So, due to misleading advertisments, I provided them with that information, not knowing that it was a full fledge contract.

seems likely there was some small print included with the advertisement. If so, that has a huge bearing on the claim of false advertisement. Do you have a copy of any literature that prompted you to sign up for the free membership? You must also realize that the gym may not have any liability here but the store that presented the advertisement.


regardless, when presented with a contract for a year membership, it was up to you to sign it or not. You could have walked away and said: I'm going to sue you because you offered a month free with absolutely no restrictions or other obligations and you are reneging on your promise, but you didn't. You signed a contract for 1 year.

'You may also cancel if you become physically unable to use a substantial portion of the health spa for 30 or more consecutive days. You must prove such disability with a signed statement from a doctor or nurse practitioner'

so, has the doctor been to the gym? If not, how can he determine if you could not use a substantial portion of the gym? If you are going to stand by this, you will have to prove you cannot use a substantial portion of the gym. You can do that by disclosing your disability to the gym operators who will make the determination (you can dispute the if you wish, all the way to court if necessary) or you will simply have to state your claim you are disabled to such an extent and deal with the results. Making the claim is not proof nor is an ambiguous statement from your doctor, who hasn't seen the gym.

So, I do not have to grant my doctor any sort of permission to give a gym my medical information.

True but to prove your claim, you are going to have to.

What they are holding me to is NOT stated in my contract ANYWEHERE.

You provided that yourself:

'You may also cancel if you become physically unable to use a substantial portion of the health spa for 30 or more consecutive days. You must prove such disability with a signed statement from a doctor or nurse practitioner'

You have to tell them your disability and prove that is a valid claim to be able to be released from the contract due to a claimed disability. You can't just go: I can't use the equipment because I am disabled. Here is a letter from my doctor saying I have a disability.

that does not fulfill the requirements of the contract to be released from the contract.

I am looking to sue for distress because this company has given me different information from the billing manager to the 1-800 representatives, to what is written in my contract.

best of luck but you won't get anything for that claim.

 

[Zigner]

Dispute the charge with your credit card company.

 

[helpmeplz84]

seems likely there was some small print included with the advertisement. If so, that has a huge bearing on the claim of false advertisement. Do you have a copy of any literature that prompted you to sign up for the free membership? You must also realize that the gym may not have any liability here but the store that presented the advertisement.


regardless, when presented with a contract for a year membership, it was up to you to sign it or not. You could have walked away and said: I'm going to sue you because you offered a month free with absolutely no restrictions or other obligations and you are reneging on your promise, but you didn't. You signed a contract for 1 year.





so, has the doctor been to the gym? If not, how can he determine if you could not use a substantial portion of the gym? If you are going to stand by this, you will have to prove you cannot use a substantial portion of the gym. You can do that by disclosing your disability to the gym operators who will make the determination (you can dispute the if you wish, all the way to court if necessary) or you will simply have to state your claim you are disabled to such an extent and deal with the results. Making the claim is not proof nor is an ambiguous statement from your doctor, who hasn't seen the gym.



True but to prove your claim, you are going to have to.

You provided that yourself:




You have to tell them your disability and prove that is a valid claim to be able to be released from the contract due to a claimed disability. You can't just go: I can't use the equipment because I am disabled. Here is a letter from my doctor saying I have a disability.

that does not fulfill the requirements of the contract to be released from the contract.

best of luck but you won't get anything for that claim.

Right, I did sign the contract. However, this is still a legitamate claim for false advertising, is it not? If I am told that it is free and you are telling me it's good for 30 days, but you have to have my credit card to issue the free membership, is that not deceptive advertising when I call in within the time frame to ensure that it does not continue for the 1 year length of time? The way it was presented is that it is free and you can cancel within 30 days times, and of course, if you wish to contine, that is at your descretion. Even though my signature is on file, I still have valid reasoning to sue for deceptive advertising with misue of the word free, based on the research I performed. Whether I'm suing the franchise or the company itself, it is still legit. Correct?

I do not have any documented proof in my possession that it was originally advertised as free. All I have for proof is #1. An immeadiate family member who works at the store where I entered to win. So, that person as well as the franchise owner is more than capable to vouch for the advertisment. Also, I do have voicemails on my phone from the manager at the gym who clearly states that he's calling me about 'picking up my 'free' membership'

What it states in my contract is that if you become PHYSICALLY UNABLE TO USE THE GYM for 30 days time, you need a doctor note to prove this. That doesn't mean my doctor has to release, as an example, "My patient has HIV/AIDS and due to weakness and current condition, is physically unable to perform any excerises." It just generally says if you become physically unable. So, for an example, if I broke my leg and had to go through rehabilitation, I would not be permanently disabled, rather I would be able unable to work out for 30 consecutive days. So, once again, if my contract states that I solely have to be physically unable to work out for 30 days, WHERE THE HECK DOES PERMANENTLY DISABLED COME INTO PLAY? Seriously. You cannot exclude that vital piece of information from a contract and then use that as your defense in not cancelling my membership. That is absurd. Is it not?

Once again, the gym where I signed up, the manager TOLD ME FROM HER OWN MOUTH that is doesn't have to be permanent (because that is NOT what their contract states). She says the note SOLELY has to state that I am unable to excerise or work out with my doctor's name and signature. And even when I spoke to another agent at the 1-800 number, I told her that my contract doesn't say anything about being permanently disabled and she was SHOCKED! She was unaware that my contract did not adhere to the policy they are trying to enforce, but told me that I could still not cancel without permanent disability. :|

I believe I have a very valid claim for BREACH OF CONTRACT, definitely. As well as deceptive advertising and emotional distress.

Anyone else have an opinion on this?

 

[FlyingRon]

There are specific Virginia laws on how the contracts are presented and what your rights are. I'm not sure they've been violated (given the total lack of useful detail here). You might try the Consumer Affairs office 800.552.9963 that handles such complaints.

 

[helpmeplz84]

There are specific Virginia laws on how the contracts are presented and what your rights are. I'm not sure they've been violated (given the total lack of useful detail here). You might try the Consumer Affairs office 800.552.9963 that handles such complaints.

Total lack of useful details?

I have provided all of the information there is. As far as what the legal aspect is, I am not familiar with any legal jargon, hence why I came here to get information.

Is that toll free number open 24 hours a day?

 

[helpmeplz84]

The law firm I am working with believes that I have a valid claim and he says that "we may be able to do some pretty interesting things with this case.". So he definitely thinks it's valid based on what I explained to him, which of course he is certified to work in the State of Virginia and knows the laws. I am very sure that he would not be advocating for this case if our state's laws would prohibit such a thing. It would be a total waste of his time and I am not even the one paying him. We are working it out so that the gym can be responsible for legal fees.

I'm not sure if anyone here is an attorney, but if this attorney in my state says it's pretty much a go and he's working to help me, I just dont understand why posters on this website (well, one poster in particular) feels that I will not win and it's not going to hold up in court. :/

 

[Proserpina]

The law firm I am working with believes that I have a valid claim and he says that "we may be able to do some pretty interesting things with this case.". So he definitely thinks it's valid based on what I explained to him, which of course he is certified to work in the State of Virginia and knows the laws. I am very sure that he would not be advocating for this case if our state's laws would prohibit such a thing. It would be a total waste of his time and I am not even the one paying him. We are working it out so that the gym can be responsible for legal fees.

I'm not sure if anyone here is an attorney, but if this attorney in my state says it's pretty much a go and he's working to help me, I just dont understand why posters on this website (well, one poster in particular) feels that I will not win and it's not going to hold up in court. :/

So the attorney is telling you that it's a good case?

Why are you here exactly?

(And how much does your attorney want up front? )

 

[justalayman]

The way it was presented is that it is free and you can cancel within 30 days times

Ok, let's make this real easy:


what, exactly, does your contract say about a 30 day cancellation right.

It would be a total waste of his time and I am not even the one paying him. We are working it out so that the gym can be responsible for legal fees.

Really? I think you simply hear what you want to hear and ignore everything else. You can always ask attorney's fees be paid by the other party. Unless there is a valid justification in law, you generally will get a no as a response.

 

[Silverplum]

The law firm I am working with believes that I have a valid claim and he says that "we may be able to do some pretty interesting things with this case.". So he definitely thinks it's valid based on what I explained to him, which of course he is certified to work in the State of Virginia and knows the laws. I am very sure that he would not be advocating for this case if our state's laws would prohibit such a thing. It would be a total waste of his time and I am not even the one paying him. We are working it out so that the gym can be responsible for legal fees.

I'm not sure if anyone here is an attorney, but if this attorney in my state says it's pretty much a go and he's working to help me, I just dont understand why posters on this website (well, one poster in particular) feels that I will not win and it's not going to hold up in court. :/

Why do you want validation from internet strangers, when your attorney says you're "pretty much a go?"

 

[Silverplum]

Total lack of useful details?

I have provided all of the information there is.

All the info YOU think there is to tell.

For one thing, nobody here has read your contract! Think that might be a useful detail?

As far as what the legal aspect is, I am not familiar with any legal jargon, hence why I came here to get information.

Is that toll free number open 24 hours a day?

Call and find out. Good grief.

 

[Just Blue]

The law firm I am working with believes that I have a valid claim and he says that "we may be able to do some pretty interesting things with this case.". So he definitely thinks it's valid based on what I explained to him, which of course he is certified to work in the State of Virginia and knows the laws. I am very sure that he would not be advocating for this case if our state's laws would prohibit such a thing. It would be a total waste of his time and I am not even the one paying him. We are working it out so that the gym can be responsible for legal fees.
I'm not sure if anyone here is an attorney, but if this attorney in my state says it's pretty much a go and he's working to help me, I just dont understand why posters on this website (well, one poster in particular) feels that I will not win and it's not going to hold up in court. :/

Please read the attorney contract before signing it.

Note the difference between "can be" and "WILL BE". Also inquire if there will be any fees if you do not win.

 

[Zigner]

Apparently, OP is on a $50/month plan. I'm SURE the OP's attorney is chomping at the bit to go after this $600 lawsuit!