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
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