Legal Question in Consumer Law in Massachusetts

In 2013 I bought a package of 20 barre exercise classes at a local establishment. I also bought a package of private and group pilates classes. I am only in Massachusetts part time so I wanted to ensure the package didn't have an expiration date and it didn't. When I attended classes in February this year and no mention was made of changes in the business, but then the last week of February the owner indicated she was not renewing her lease and the studio would close within the week. She is registered with the town as a sole proprietor. She said she would attempt to refund money to those who had the most recent purchases. I contacted her and she replied that she refunded thousands to people who had purchased most recently. She said my package was older and she couldn't refund my money. She said she should have put expiration dates on the packages.

The value of the unused packages is about $500. I told her that I would be willing to take this as a credit at a new location where she worked. She replied that she didn't stay with the location where she went to work in March.

If there had been an expiration date, I would not have purchased such a large package. Also, I would have been sure to use up the sessions before the deadline.

What are my rights? Can this go to Small Claims court? Does the consumer law 93a apply? I don't want triple damages, I just want the money I paid to be refunded.


Asked on 5/26/15, 12:09 pm

1 Answer from Attorneys

Jed Berliner L J Berliner

You certainly can and should go to small claims court.

I recommend asking for the treble damages to encourage the refund without a court order.

She having paid "thousands" is not relevant to you, nor is the age of your purchase.

Good luck. Don't let her push you around.

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Answered on 5/26/15, 12:19 pm

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