Legal Question in Consumer Law in California

Refund for services never rendered at a health club

I pre-paid 1200 dollars for personal training 1 yr ago and the company failed to contact me to setup an appointment. I also made numerous attempts during the first 2 months and never received a call back. Now they are giving me the run around and I simply want a refund. Obviously the company had no intention on rendering the services I paid for and now they are trying to tell me my sessions have expired!

Is this a small claims case and should I seek further legal advice?


Asked on 10/13/07, 10:37 am

1 Answer from Attorneys

Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Refund for services never rendered at a health club

I recommend you read sections 1812.80 - 1812.98 of the CA Civil Code:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20

If this is a small company, consider bringing a small claims action to recover your deposit.

If this is a large company, you might contact an attorney to assess the possibility of a representative action or class action, with you as class representative.

I hope this helps. Good luck!

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Answered on 10/13/07, 1:53 pm


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