Legal Question in Consumer Law in California

I was naive and trapped to purchase weight loss program for $888. I have paid $ 400 up front. I didn't read their receipt and contract that there is no refund. However, after 1 session I didn't feel any changes and had bruises on my shoulder, arm, and thigh. I tried to get money back for the deposit because I do not want to go back there after bad experience. What should I do to fight this since my credit card declined my claim? Thank you


Asked on 2/03/12, 7:25 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You could gamble $150 or so and have an attorney, such as me, write the weight loss program that you are breaching the contract and the law is that the measure of damages is the loss they suffer, not the contract price. One class and setting up your program should not have cost them that much. You can sue in Small Claims Court, arguing that you had no idea that you would end up bruised so cancelled the agreement and they are only entitled to their damages and not the contract price. Make that argument to your credit card company and see if they will hold off honoring the payment.

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Answered on 2/03/12, 2:34 pm


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