SingleDigitHDCP
Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? OR
On November 13, 2004, I went to work out at my gym (the 24/7 behemoth), only to learn that my membership had been permanently revoked on November 5, 2004. The gym's computer gave a reason of "lewd conduct." This action came as a complete surprise to me, with no prior warning before its issuance, and with no opportunity whatsoever to respond to the complaint that led to the action. I did receive a letter that same day from the corporate office informing me of the revocation, but it gave not details as to what I supposedly did that caused it.
The allegation of "lewd conduct" is FALSE. Never in my 14 years of membership have I engaged in any conduct that any reasonable person could construe as lewd or offensive. I can only conclude that the person(s) filing the complaint either 1) observed improper behavior by a person other than myself, 2) made an incorrect and/or unreasonable interpretation of innocent behavior on my part, or 3) made a false or frivolous complaint.
To date, I still have no detailed information as to what behavior I allegedly engaged in that led to the revocation, or any details of any subsequent investigation. On November 15, 2004, my efforts to telephone-interview club management in an attempt to obtain these details were met with an unprofessional lack of cooperation. She wouldn't answer any of my detailed questions (she said she didn't have to), but she said someone supposedly saw me (she wouldn't tell me how they procured my name - they couldn't have known) doing something inappropriate in the Jacuzzi (I can't imagine what) But when pressed, she offered no details. She said someone in Risk Management would call me with details. Nobody ever called.
I then sent certified letters to the club and the corporate office demanding detailed answers to a long list of questions about the circumstances that led to the revocation. The corporate office replied, answering NONE of my questions. and stating that they would give "no further consideration" to reinstating my membership."
I then had a lawyer friend of mine send a certified demand letter to the club and to corporate offices demanding that my questions be answered. Neither bothered to reply.
I asked for, among other things (pared down for brevity):
1. all details of specific statements, movements, gestures, positions, facial expressions, sounds, or other relevant activity.
2. Exact dates, times, locations, durations, physical positioning of all complainants / witnesses?
3. Full names of complainants / witnesses
4. Full names and titles of all employees involved
5. Physical evidence that the behavior occurred (a surveillance camera is in the area, but it wouldn't have seen me doing anything wrong)
6. Descriptions given by complainant(s) (gender, age, height, build, hair, eyes, clothing, logos, other distinguishing marks)?
7. MOST IMPORTANTLY, what procedure was used to assign a positive identity and obtain the correct name of the person who carried out the alleged behavior? What safeguards were used to ensure that this procedure produced the correct name with 100% certainty, and that no possibility existed of mistaken identity due to inaccurate physical description or the incorrect procurement of a name?
8. Details of the investigative procedure.
9. Why no or insufficient effort was made to question me about the complaint before taking action to revoke?
I believe that their failure to answer ANY questions is a tacit admission that they reached conclusions based on incomplete or questionable information and that they're hoping that I'll just go away.
I have been a member in good standing there for 14 years, with no record whatsoever of any inappropriate behavior. Because of this fact, I believe that club management had a clear responsibility to put this matter to a full and complete investigation and a fair hearing of all parties involved before taking the action to revoke my membership. By the same token, I believe the corporation had a clear responsibility to compel club management to conduct these activities.
The big problem here is this: Because nobody will talk to me, I don't really know what I'm dealing with. How can I get a court to FORCE them to answer my questions, so that I can 1) prove that they made a mistake, and 2) if warranted, determine who is responsible for the false accusation so I can get my membership back, clear my name, and seek punitive action?
I see my cause of action as follows:
Unfair Trade Practices - specifically, violation or Oregon Revised Statute 646.607, and violation of the implied covenant of good faith and fair dealing - it is unconscionable that I was given NO notice of a complaint until after my membership was revoked, NO opportunity to refute the complaint prior to revocation, and no meaningful appeals process.
Interference with economic advantage - While I could just go get a membership at another gym, no other gym is available that is open at hours that I have normally worked out, and no other gym would provide the favorable payment terms that I had with the 24/7 behemoth (a fixed annual rate for life).
Breach of Contract - while they had the right to terminate a membership without cause, a without-cause termination entitles me to refund of dues.
Potential irreparable harm to Reputation - If this false accusation is not corrected, it could have a serious and irreparable negative impact on my personal and professional reputation.
I'm willing to shell out a couple grand to prove them wrong, clear my name, and force specific performance of my gym membership contract to get my membership back. And if I can get punitive damages, all the better.
Help?
P.S. Because this doesn't involve at least $500 in actual damages, the arbitration clause of my membership agreement doesn't apply.
On November 13, 2004, I went to work out at my gym (the 24/7 behemoth), only to learn that my membership had been permanently revoked on November 5, 2004. The gym's computer gave a reason of "lewd conduct." This action came as a complete surprise to me, with no prior warning before its issuance, and with no opportunity whatsoever to respond to the complaint that led to the action. I did receive a letter that same day from the corporate office informing me of the revocation, but it gave not details as to what I supposedly did that caused it.
The allegation of "lewd conduct" is FALSE. Never in my 14 years of membership have I engaged in any conduct that any reasonable person could construe as lewd or offensive. I can only conclude that the person(s) filing the complaint either 1) observed improper behavior by a person other than myself, 2) made an incorrect and/or unreasonable interpretation of innocent behavior on my part, or 3) made a false or frivolous complaint.
To date, I still have no detailed information as to what behavior I allegedly engaged in that led to the revocation, or any details of any subsequent investigation. On November 15, 2004, my efforts to telephone-interview club management in an attempt to obtain these details were met with an unprofessional lack of cooperation. She wouldn't answer any of my detailed questions (she said she didn't have to), but she said someone supposedly saw me (she wouldn't tell me how they procured my name - they couldn't have known) doing something inappropriate in the Jacuzzi (I can't imagine what) But when pressed, she offered no details. She said someone in Risk Management would call me with details. Nobody ever called.
I then sent certified letters to the club and the corporate office demanding detailed answers to a long list of questions about the circumstances that led to the revocation. The corporate office replied, answering NONE of my questions. and stating that they would give "no further consideration" to reinstating my membership."
I then had a lawyer friend of mine send a certified demand letter to the club and to corporate offices demanding that my questions be answered. Neither bothered to reply.
I asked for, among other things (pared down for brevity):
1. all details of specific statements, movements, gestures, positions, facial expressions, sounds, or other relevant activity.
2. Exact dates, times, locations, durations, physical positioning of all complainants / witnesses?
3. Full names of complainants / witnesses
4. Full names and titles of all employees involved
5. Physical evidence that the behavior occurred (a surveillance camera is in the area, but it wouldn't have seen me doing anything wrong)
6. Descriptions given by complainant(s) (gender, age, height, build, hair, eyes, clothing, logos, other distinguishing marks)?
7. MOST IMPORTANTLY, what procedure was used to assign a positive identity and obtain the correct name of the person who carried out the alleged behavior? What safeguards were used to ensure that this procedure produced the correct name with 100% certainty, and that no possibility existed of mistaken identity due to inaccurate physical description or the incorrect procurement of a name?
8. Details of the investigative procedure.
9. Why no or insufficient effort was made to question me about the complaint before taking action to revoke?
I believe that their failure to answer ANY questions is a tacit admission that they reached conclusions based on incomplete or questionable information and that they're hoping that I'll just go away.
I have been a member in good standing there for 14 years, with no record whatsoever of any inappropriate behavior. Because of this fact, I believe that club management had a clear responsibility to put this matter to a full and complete investigation and a fair hearing of all parties involved before taking the action to revoke my membership. By the same token, I believe the corporation had a clear responsibility to compel club management to conduct these activities.
The big problem here is this: Because nobody will talk to me, I don't really know what I'm dealing with. How can I get a court to FORCE them to answer my questions, so that I can 1) prove that they made a mistake, and 2) if warranted, determine who is responsible for the false accusation so I can get my membership back, clear my name, and seek punitive action?
I see my cause of action as follows:
Unfair Trade Practices - specifically, violation or Oregon Revised Statute 646.607, and violation of the implied covenant of good faith and fair dealing - it is unconscionable that I was given NO notice of a complaint until after my membership was revoked, NO opportunity to refute the complaint prior to revocation, and no meaningful appeals process.
Interference with economic advantage - While I could just go get a membership at another gym, no other gym is available that is open at hours that I have normally worked out, and no other gym would provide the favorable payment terms that I had with the 24/7 behemoth (a fixed annual rate for life).
Breach of Contract - while they had the right to terminate a membership without cause, a without-cause termination entitles me to refund of dues.
Potential irreparable harm to Reputation - If this false accusation is not corrected, it could have a serious and irreparable negative impact on my personal and professional reputation.
I'm willing to shell out a couple grand to prove them wrong, clear my name, and force specific performance of my gym membership contract to get my membership back. And if I can get punitive damages, all the better.
Help?
P.S. Because this doesn't involve at least $500 in actual damages, the arbitration clause of my membership agreement doesn't apply.
The real question is, can I file a motion to compel interrogatory responses without first bringing, say, a breach-of-contract ot unfair-trade-practices suit?