This is messy.
A couple weeks ago, I went to a fancy gym for a free intro class. They required that I put a credit card on file before the class (in my experience at other nice gyms this is standard).
I took the class and left. The sales associate started texting me offers and asking me to join. Via text, I said I was interested in joining. Via text, he briefly went over the cost and asked if he could email me a contract that I could sign electronically, and I said okay.
At that point, I stopped responding to them. I was super busy, and I knew their expensive gym didn't really fit into my budget. I DID NOT SIGN THE CONTRACT, AND DID NOT COMMUNICATE WITH THEM FURTHER AFTER IT WAS SENT. I have not set foot in the gym since the introduction class which was over a week ago.
Then, I checked my credit card statement, and saw that they had charged me $250! ($175 monthly dues plus $75 joining fee).
I figured there must be a mistake, and I called and spoke with the manager/ owner. "No mistake," he said, "the written contract was just a formality; you already entered into the contract with your texts." He emailed me screen shots of the texts; the text where I said "okay," in response to them stating the monthly cost and asking if they could email me the contract, and the text where I said I was interested in joining (which was sent BEFORE they sent me the contract).
I insisted that they reverse the charges and cancel my monthly membership, and threatened other actions (BBB, attorney generals office, small claims). He laughed and insisted that he would win any of those disputes, saying that in Missouri texts are considered legally binding. He also refused to process my cancelation at that time, saying that, per the contract (which I'd never signed), it requires 30 days notice, so I would still owe the next monthly charge scheduled for 28 days from then. Furthermore, he said in order to cancel I have to cancel through their website; when you try to cancel on the website it makes you click on a box acknowledging that you agree to their 30 day cancellation policy and agree to be charged your monthly fee one more time before the cancelation is final, and, since I've never agreed to that previously, I did not want to click and agree to it now.
I called my credit card and disputed the charges, which they reversed.
Now I'm receiving emails from the gym owner threatening to send my account to collections! I have great credit and I'm super worried about what this could do. I never signed the contract nor did I explicitly agree to any of the contract terms in our texts, but clearly this gym owner thinks my texts are good enough to charge me hundreds of dollars. He is also refusing to cancel my membership (with or without the 30 days notice).
I did file a dispute with the states attorney general and the BBB, but I don't know how I can prevent it from going to collections, unless I take them to small claims. I feel like a lawyer is going to cost a lot - possibly more than I stand to gain - but I think if I don't have one, I may not win the case.
Any advice?
Submitted November 14, 2024 at 11:52PM by EpicAnonymous https://ift.tt/ZIAcJ19
