Legal Question in Business Law in California

I belonged to a gym and when I moved away they stated the only way to cancel my membership was by written letter. I was busy and didn't get around to doing it for almost a year. I wrote the letter stating I wish to cancel my membership. About six months later I realized I was still being charged. I called them and they stated they did not recieve the letter and asked if I sent it by certified mail. I did not. This is 2010 there is no reason why an email can be sent. If they would look at there membership infoormation they will realize I have not been to there gym in over two years. They have been essentially stealing from me every month. Is there anything I can do?


Asked on 3/17/10, 2:31 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Do you have a written agreement with the gym that says you can only cancel via certified mail? If so, then that clause is probably enforceable. The ready availability of email does not erase a provision of the contract that both you and the gym signed.

The gym may be willing to negotiate a settlement with you, but is not required to do so.

I wish I could be more encouraging.

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Answered on 3/22/10, 4:05 pm


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