Legal Question in Consumer Law in New Jersey

Cancellation on a contract

Several months ago, I visited a local gym to possiby join with them. I reluctantly joined on the first day, but he insisted that the contract would not be processed until after the 3 day cancellation period, so if I was to cancel for any reason, all he had to do was ''rip it up as if nothing had happened''. I spoke to him within the 3 day span and told him to cancel. He said it was not a problem. Additionally, I asked him if I had to fill anything out to cancel. He told me no, all he had to do was rip up the contract. Several months had passed and I was checking my transactions recently and noticed $59 being automatically being taken out of my account every month from that gym. I had somehow overlooked this from previous months. I went back and spoke to him and he told me that the procedure is to process the contract on the day of the signing and a cancellation form must be signed. He said that he would never had told me anything different, which he did. Also, according to their computer records, I hadn't shown up to the gym since that day. In the end, it seems like its my word against his but I was obviously cheated. Is there anything I can do?

Asked on 10/18/04, 5:35 pm

2 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Cancellation on a contract

Thanks for your inquiry. While it may appear that the contract is good, there may be several ways to deal wit hthis, including a claim for consumer fraud. It would be helpful if there was some type of corroboration to your story.

Please feel free to contact me o discuss to see if htere is anything that we might be able to do to help you in this matter.

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Answered on 10/18/04, 6:06 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Cancellation on a contract

If the facts you provide are correct, then you may have a cause of action for negligence (if the gym negligently failed to cancel your account) or fraud (if you were deliberately deceived).

In order to resolve this, you will need to retain an attorney, in particular, if the gym deliberately defrauded you.

You also need to notify your credit card company that you are disputing the automatic charges.

Your situation is made more difficult by the fact that you did not immediately challenge the initial credit card charge; and further by the fact that you did not notify the gym, in writing, of your cancellation.

Consult an attorney immediately.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]


(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/19/04, 10:09 am

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