Q: I joined a gym and was told it would be month by month and not a year long contract. I'm now being told it was year long
When I joined the gym they told me it was a month to month thing and not a year long contract. In fact I was told that this specifically was not a contract. I was not shown a contract nor did I receive a copy of anything. In January I stopped attending the gym and didn't update my payment information, figuring it would just cancel like normal month to month subscriptions. I know I should've called but I kept forgetting to. Now I'm getting calls from a financial company saying I have a year long contract with the gym and that I owe them money and that my case is about to be sent to collections. Since I was lied to about the terms of the membership, is the contract null and void? What can I do?
A: Do you have a copy of the contract that you signed? If not, get a copy and go from there.
A: Your contract is what the written agreement says it is, not what you think it is; or what some $10 dollar an hour front desk dude tells you it is. Read the contract.
A: It was a contract. whether it was a WRITTEN contract is another matter. Did you sign something? If so that was probably the written contract.
A: Florida and federal law requires the collection agency to verify the fact of there being a valid debt (they must send you a copy of the contract you signed) and to verify their claim of ownership of the contract (to prevent the gym and the collection company from double-dipping). Get the copy, read it and then hire a lawyer to help you defend yourself.
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