Q: I thought I was signing a credit card receipt at Retro Fitness and now they are saying I signed a contract!
I thought I was signing a credit card receipt for a one-time charge for some training sessions at Retro Fitness and now they are saying that I signed a contract! It was not a paper copy of a contract that they presented me with to sign, it was one of those little electronic gadgets that has just enough room to sign your name on (no contract was displayed). They never mentioned or supplied me with the contract when I signed that gadget. Just recently I saw a monthly charge show up on my credit card and I asked them yesterday why I’m getting charged a monthly charge on my credit card now, and they said it’s because I signed a contract. I would never have knowingly signed a contract for these training sessions! Is it legal for them to have me blindly sign a contract when I was under the impression that I was just signing for a (one-time charge) credit card receipt? When there was never any mention of a contract the day I signed, nor did they provide me with a copy of the contract?
A: If it is 3 days after you signed, you have a right of rescission in PA (right to cancel the contract). If they did not show you the contract, I would complain to the PA Attorney General's office. Good luck.
There are defenses that you could make that there was no contract. The best course of action is to seek an attorney familiar with contract law and have them write a letter to Retro Fitness with the legal reasons no contract was formed. Many times, when the other party sees a letter from an attorney and they do not have a good argument that a contract was formed, they will sign a document stating that they agree with you that no contract was formed.
If you have further questions you can contact me directly.
Kathleen M. Hyneman, Esq.
*My answer does not establish an attorney-client relationship between us. An engagement letter must be signed prior to the establishment of an attorney-client relationship or the providing of legal advice.
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