Legal Question in Credit and Debt Law in Florida

My son joined Bally's fitness center and signed a contract with them for two years. His payment was charged to his credit card automatically each month. He always paid his credit card online and never looked at his statements. He finally looked at his credit card statement recently due to his relocating to Tampa and noticed that Bally's was still charging his credit card. Bally's has been charging his credit card for several years and when my son called Bally's to tell them that he hasn't used their fitness center past the two years he signed the contract for, they told him he had to send them a letter cancelling his membership. My son also asked for a refund for the overpayments that he made to Bally's past the two years and he has not received a refund. They did cancel his membership and quit charging his credit card. Does my son have any recourse in getting a refund from Bally's?

Thanks,

Donna Price


Asked on 9/14/10, 10:45 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. He signed a contract that charged monthly. That he did not use what he was paying for and did not cancel what he was not going to use and never looked at his credit card bills is his fault, not the Gym's. It is an expensive lesson, but I hope that he has learned it.

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Answered on 9/19/10, 12:08 pm


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