Legal Question in Consumer Law in Massachusetts
Expiration Date on Classes
The yoga studio where I take classes offers ''prepaid'' card for a certain number of classes. The cards have expiration dates such as 10 classes expiring in 90 days or unlimited monthly pass expiring in 30 days. Is this legal? If I pay for a certain number of classes, must I use them in a certain number of weeks or months?
2 Answers from Attorneys
Re: Expiration Date on Classes
Yes if, you were fully apprised of the contract's terms that you were purchasing 10 classes with the stipulation that the 10-classes had to be utilized within 90-days.
Many establishments run special (i.e. cheaper rates with stipulations to those rates).
If when you entered into the contract and it was not clearly known to you or clear on the face of the contract regarding the terms "witin 90-days", there could be an argument. But it sounds to me that you knew and accepted those terms. Therefore, you had a choice to either accept or reject the terms prior to purchasing the classes. In other words you had a choice! I hope this is helpful to your inquiry. Sincerely, Maria Murber
Re: Expiration Date on Classes
There are no regulations or statutes that directly apply, as far as I have been able to search. Malls and stores have issued gift cards that have time limits or whose value decreases over time. The MA Attorney General has taken the position that those cards may not be legal, but there is no case that has been brought or rule issued that I have found.
You may want to pose this question to the Attorney General's consumer protection division, maybe in the form of a complaint.
My best guess at this point is that the answer depends on whether the time period is reasonable for an average purchaser of one of these cards to take the required number of classes.
You are always better off using any prepaid card as soon as possible, because the issuer may go out of business and you are out of luck.
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