Phoenix, AZ asked in Consumer Law and Contracts for Idaho

Q: Should we be able to get our money back?

My wife and I went to our gym in 2016 told them we wanted to cancel, the desk worker confirmed we were cancelled and would no longer be charged. A year later we have discovered that we are still being charged. I called the billing company and they say that per our contract we have to write a letter asking to cancel to actually cancel. Why were we misled by the employee at the gym. Had he just said to write the letter I would have done it a year ago. We have lived 1000 miles away for a year. Should we be able to get our money back since the employee told us we were no longer going to be charged?

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1 Lawyer Answer

A: While I feel that you have a valid complaint, the issue will be proving that you gave the verbal cancellation. Is there anything evidence from that day?

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