Legal Question in Civil Litigation in Oregon

False Accusation Leads to Lost Gym Membership / How to Make them Talk

On 11/13/2004, I discoverd my membership had been permanently revoked. The reason given was ''lewd conduct.'' I got no prior warning, and NO opportunity to respond to the complaint prior to revocation. The club refused to give details of the alleged behavior.

Exhaustive requests for detailed information regarding the complaint, evidence, investigative procedures, how they procured my name (they couldn't have known that) and why I was not given a fair hearing about the complaint have been denied.

A lawyer friend sent a demand letter to the club and to corporate offices demanding that my questions be answered. Neither replied.

The allegation is FALSE. This is 1) a case of mistaken identity, 2) an unreasonable interpretation of innocent behavior, or 3) a false or frivolous complaint.

I believe that club management had a responsibility to allow me to answer these false charges before revoking my membership. This is a breach of contract, a breach of implied covenant of good faith and fair deailing, and the allegation is defamatory. Also, I had very favorable contact terms, interfering with economic advantage.

How can I get a court to FORCE them to answer my questions, so I can determine how to redress for specific performance?


Asked on 2/27/05, 1:40 am

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: False Accusation Leads to Lost Gym Membership / How to Make them Talk

I think you'll end up having to hire a lawyer and sue for specific performance, breach of contract, perhaps libel, etc. Absent a court order, though, my very "off-the-cuff" opinion is that I don't think the gym would have any obligation to give you the information you ask for. I say this presuming you've already tried to just talk to them in person. I would just show up at their offices, and talk reasonably with them. That's often the best way to resolve this sort of problem, although I have a feeling you've tried that already!

I would suggest you look for a lawyer who does a lot of "Consumer Law," which at least in the Portland DEX Yellow Pages, has a SEPARATE subsection of advertising lawyers, under the general section of Attorneys. Or, you can call the Oregon State Bar lawyer referral line. Better yet, ask your friend the lawyer for a referral to a consumer lawyer.

Good luck, and don't forget about Statutes of Limitations!

Sam

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Answered on 2/27/05, 8:48 pm


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