I misread an offer at a local gym. Instead of signing up for a short trial, I signed up for a monthly membership. The owner didn't contact me about missed monthly dues until several month had passed and is now referring the matter to a collection agency. had he contacted me I would've cleared up the matter immediately. Did he have any obligation to contact me before letting fees accrue and referring the matter to a collection agency? If so, is this a basis to contest the bulk of the fees?
1 Answer from Attorneys
Mutual mistake is a valid ground to rescind a contract; your success will depend whether the judge believes you. if you accidentally signed up for a monthly membership, however, the gym would not have any obligation to contact you, unless the agreement requires it. I would suggest that you offer several months of fees to try to settle it.