Legal Question in Entertainment Law in Massachusetts

LAW GURU QUESTION 06-17-2010

UNAUTHORIZED GYM DEBITS

QUESTION:

I have belonged to a gym for over 8/9 years it has changed hands from Gold's to Norton Health and Fitness back to Gold's once again just about a year ago. The fee has remained the same throughout but yesterday I was charged through my checking acct. unauthorized $39.00. I called the management and was told it was a maintenance fee. I asked to speak to the manager as I did not authorize this, told he would not be there for several days I then told the receptionist that I was going to go to my bank and do a fraud charge which I did, I then got a call within an hour from the mgr. who proceeded to scream and yell that he posted a (very small sign which I have been told by others) which most people did not see including me, I asked what this was for and in between screaming he said I painted, got some new machines etc. I told him I thought this was illegal and was going to continue with the fraud he then told me I was no longer a member and to get out. My question is can he charge a maintenance fee without formally contacting clients, is taking money out of my account illegal and can he suspend me from the gym because I refuse to allow him to take money from my account - which by the way he took out of every members account. Thanks. Doreen R.

ANSWER:

Dear Doreen R.:

Thank you for your question. Your interesting question is one of �evergreen contracts� and automatic checking account debits.

Your questions:

1) Can he [the manager] charge a maintenance fee without formally contacting clients;

2) Is taking money out of my account illegal; and

3) Can he suspend me from the gym because I refuse to allow him to take money from my account - which by the way he took out of every members account?

If you are kind enough to answer several questions, I will gladly give you a definitive answer:

1) Do you still have a copy of your original membership contract? What about written modifications of this contract over the years?

2) What is the accounting �break-down� of this so-called �management fee�?

3) Where is this gym located?

4) Have other members complained about this new action?

5) Did this manager actually suspend your gym privileges or only threaten to do so?

6) How many other gym members are willing to take your side to clarify this matter?

7) How strongly are you committed to seeing that justice be done in this instance?

8) Do you wish a free legal consultation on this matter, after you have answered these brief questions, and provided the contract information discussed above?

You may also feel free to contact me at:

Warren E. Wood, Esq.

508-265-1092 or 877-292-1177 for a free telephone consultation.