Legal Question in Credit and Debt Law in Georgia
unauthorized use of debit card.
I was on a joint account at LA Fitness with my family. They could no longer afford their membership but I wanted to continue. I contacted LA Fitness and had them split me from the family membership to an individual one and gave them my debit card information. I told them this would be a seperate account and I would only be paying my portion on this card. My family's card had reached its limit and LA Fitness was no longer able to charge their memberships to that account so they started charging my card for my family's bill. Can they leagally do this. I made it clear that I was not responsible for my family's debt and only authouized my portion of the account to be charge to my debit card. I tried to work this out with LA Fitness and let it go past the 60 days my bank allows to dipute charges. What recourse do I have to get LA Fitness to refund these unauthorized charges.
1 Answer from Attorneys
Re: unauthorized use of debit card.
You do not post enough facts. For example, does the paperwork clearly state you will not be liable for any future fees or the other (family) membership? You may have paperwork making you liable for two memberships. If you do not have a clear release, you may have a problem. Were the fees taken for the family account for current fees, or past due fees? Even if you split, you are likely still liable for family fees up to that point. Does your new contract allow them to charge your card for all amounts due by you? Quite possibly, it does. Thus, your card may have legitimately been charged for the other account. Of course, we do not know the actual terms of your agreements. As you an see, they are important. It does not make a diffrence if you "made it clear" -- it matters if the paperwork makes it clear.