Is this a way out of my gym membership?

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Is this a way out of my gym membership?

If a gym is charging my account for my roommate which is unauthorized is that grounds for getting out of my contract? It has been for over 3 months and I have called multiple times and they are still doing it.

Asked on August 24, 2012 under General Practice, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

More information is needed here to figure out how to go about this.  But no, they can not charge you for some one else's membership. While it appers to be a breach it is so much more on a criminal level.  How are they doing that?   By direct debit from your bank account?  On a credit card?  You are going to have to figure out how to stop those debits by dealing with the institution that the money is coming from.  You can sue them in small calims court for the money that they are charging you and you probably should.  The Small Claims court can not necessarily void the agreement (it is not with in their powers) but you can most likely negotiatie a settlement where they do and that order can be entered.  Good luck. 


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