Lumberton, NJ asked in Contracts and Consumer Law for New Jersey

Q: I joined "massage envy" a franchise, in Mount Laurel, NJ in 2015 I pre paid 12 /54.00 sessions. They want to keep 1/2

I wasn't able to go due to illness. I was notified via email and or phone calls but too ill to manage my affairs. I inquired about the membership recently and was told I had to rejoin (spend more) to use my account credits. I thought that was unfair as I was told they never expire when I joined. I signed a contract of course but it seems very shady. After speaking to a manager (the owner hasn't reached out to me) the resolution is they keep 1/2 and allow me to use 1/2 at no additional charge, meaning I don't need to resign and pay the membership fees. If they truly wanted to contact me, I feel certified mail would be the most predictable way to have someone respond. The manager said because they paid taxes on the money it's already a loss to them. Wow! Is this legal?

Related Topics:
1 Lawyer Answer

A: You should read your contract carefully. If there's an escape clause regarding illness ask your doctor for a letter. If this doesn't work you may need to have an attorney contact them.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.