Orlando, FL asked in Contracts for Florida

Q: Client asks for a refund even though contract says no refunds

A private personal training client wants a refund on their contract for something I have no control over. They are not interested in a virtual training option and when asked for feedback, they had no complaints about me/my programs/my guidance that I’d already given them. They asked for a refund even though they signed a contract with me that states no refunds. Is there anything stopping me from denying the refund? Is there a consumer protection law somewhere that might invalidate my ability to deny a refund?

Related Topics:
1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Generally, if there's a no-refund contract clause, and the provider has provided contracted-for services (clearly spelled out in the contract), the no-refund clause would probably hold up in court if the provider is sued - IF the provider has not engaged in deceptive or fraudulent conduct (such as fraudulent inducement to get the consumer signed up), in which case the consumer would have remedies under the Fla. Deceptive and Unfair Trade Practices Act and/or under common law fraud principles. ("Common law" means legal principles formulated by appellate courts in published decisions.) Bear in mind that an angry consumer might file suit alleging such things, as well as allege a breach of contract, even though you are totally in the right, and an angry consumer could bash your service in reviews, even though you are totally in the right. In some situations, it's best to attempt to work something out with the angry consumer.

1 user found this answer helpful

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.