Salon Moves - Money Back?

[c42697]

A tanning salon in Washington State moved approx. 5 miles from its location that I frequented. I have a one year membership and want my money back. I have had the membership for six months. There was not a signed contract. You just pay and tan. I did, however, notice that there are no refunds posted on it's price list. The salon is refusing to give refunds because it did not shut its doors permanently, it just relocated. I paid for tans at it's old location and it's too inconvenient for me to drive the extra 15 minutes to it's new location. Can I win a lawsuit in small claim court?

 

[cdcard]

Dear c42697:
Possibly. However, before filing suit, I recommend you write them a letter, telling them you want your money back or you will be forced to pursue legal action. The basis for your request is breach of contract. A material term of your verbal contract (which is just as valid as a written contract; its just harder to prove) was your assumption they would stay in this convenient location at the time you paid your money. Had they told you or had you known through some other source of the relocation, you would not have entered into this contract. You're not asking for a refund; since they've breached their end of the contract, you're simply asking for that money due you for their lack of performance. In the letter, tell them if you don't receive a check for $XXX by such and such a date (maybe 2-3 weeks), you will be forced to pursue legal action. Recommendation: before that time is up, get a plaintiff's packet from your small claims court, read the instructions, fill out the forms accordingly, and be ready to go when their time is up. Also, right after mailing the letter, I recommend you ask your bank to send you a copy of the cancelled check, showing this potential defendant received their money. Oftentimes, a letter will result in a check and your problems are solved. Good luck with this.

 

[c42697]

Does distance make a difference?

I have requested many times for my money back, only to be told that they do not offer refunds. They told me that as long as they move in a 10-mile radius I have no case. Is this true? I don't want to waste more money on court if I don't have a good chance of winning. Thanks for your help.

 

[JETX]

Cdcards post is correct, and your response to it seems somewhat strange.

You say that you have requested a refund "many times". Are you requesting it from the owner, or just the clerk?? Have you done it by phone or by letter??

My suggestion:
Do as Cdcard suggested and WRITE the owner a letter (address it to him/her personally.. contact your county licensing folks for the owners name).

After all, you are asking for your money back. If you won't spend the time handling this relatively simple suggestion, you have answered your own question about the time and committment needed to take legal action. And you will have a much better chance of winning in court if you have tried to resolve it first.

 

[c42697]

Response

Sorry for the confusion. I have both asked in writing and in person for a refund, on more than one occasion. The salon's reply was as follows:
"since we are within a 10 mile radius of our first salon, we are not required to give refunds, only to transfer your tans to the new location."
My question was this: Is there a law that states this 10 mile radius rule? Again, I can't afford to waste money on court fees if I don't have a good case.

Thanks

 

[JETX]

I have tried to do some CURSORY reviews of the Washington laws, and found the following that might be of interest:

1) Chapter 19.142 RCW HEALTH STUDIO SERVICES
a) RCW 19.142.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(3) "Health studio" includes any person or entity engaged in the sale of instruction, training, assistance or use of facilities which purport to assist patrons to improve their physical condition or appearance through physical exercise, body building, weight loss, figure development, the martial arts, or any other similar activity.
b) RCW 19.142.030 Written contract required.
A contract for the sale of health studio services shall be in writing. A copy of the contract, as well as the rules of the health studio if not stated in the contract, shall be given to the buyer when the buyer signs the contract.
c) RCW 19.142.050 Notice of cancellation -- Refund.
After receipt of a written notice of cancellation, the health studio shall provide a refund to the buyer
within thirty days. The health studio may require the buyer to return any membership card or other materials which evidence membership in the health studio. The buyer is entitled to a refund and relief from future obligations for payments of initiation or membership fees and use fees or dues as follows:
(1) The buyer is entitled to a refund of the unused portion of any prepaid use fees or dues and relief from future obligations to pay use fees or dues concerning use after the date of cancellation.
d) RCW 19.142.100 Violations -- Application of consumer protection act.
A violation of this chapter constitutes an unfair or deceptive act or practice and is a per se violation of
the consumer protection act, chapter 19.86 RCW.

Opinion: If the tanning studio meets the definition of a 'health studio' (and I think they do by 1a above), then they must comply with a refund of your unused fees


My suggestion:
Send another letter (certified RRR). Include references to the above Codes and again ask for a refund. Ask them to provide citation to the '10 mile' statute. If they refuse, then you will need to take further action; either in the courts or through more public means (consumer reporter for media, local BBB, etc.).

 

[c42697]

Citation

They did provide this citation RCW 19.142.040. I looked it up. I purchased a one-year, one-time fee membership, with no written contract. Does this apply to any of the above citations? I didn't think a tanning salon would quality as a health studio.

 

[c42697]

Attorney General

It also seems that the WA Attorney General states the same requirements on its web pages concerning refunds and health studios.

 

[JETX]

Sorry, but since I am not an attorney in Washington state, I am not able to provide a LEGAL FACT on whether the referred statutes specifically apply to 'tanning studios'. This forum is specifically for 'advice' and is not intended to provide a LEGAL FACT for each case. There are far too many unknown facts and possible 'issues' to each post.

In researching my response, I was not able to find any consumer related laws that specifically applied to 'tanning studios'. If you need further specific LEGAL FACT, I would suggest you contact an attorney in your location.