Niceville, FL asked in Contracts and Collections for Florida

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?

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4 Lawyer Answers
Jeffrey Snyder
Jeffrey Snyder
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Do you have a copy of the contract that you signed? If not, get a copy and go from there.

Bruce Alexander Minnick agrees with this answer

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Collections Lawyer
  • Jacksonville, FL
  • Licensed in Florida

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.

Bruce Alexander Minnick agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

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.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Collections Lawyer
  • Tallahassee, FL
  • Licensed in Florida

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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