Daphne, AL asked in Consumer Law, Contracts, Business Law and Collections for Florida

Q: Am I able to cancel a Medspa loan if services were not performed?Medspa was emailed within 3 bus days to cxl agreement.

The lender (Cherry Tech) states the medspa was paid regardless of whether I received services, and all cancellations must be approved by the medspa, who does not reply to any of my emails, texts, voicemails, msgs. I have been sending cancellation notices weekly for the last two months, no responses from Medspa. I had one medspa visit (approximately $325) and am being charged for a loan of $8000 (the amount of services I would have had completed). After my first visit, I felt that the medspa was unprofessional, dirty and a dangerous (due to machines not functioning during services my only day of services performed).Medspa verbally stated, I would only be charged for services performed, and services may be cancelled at any time.A sales agreement was hand written stating “all sales final”, but verbally was told it was only written to ensure that the I would pay the discount prices.Medspa stated that I was obtaining a credit card, not a loan. I am permanently disabled and felt coerced.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: This is mostly a matter of the terms of your contracts with the service provider and the lender. Schedule a consultation with a lawyer in your area who handles consumer law or breach of contract cases, so that the lawyer can review the contracts and the entire situation. A contract can be a signed document, an e-signed document, or terms and conditions you agree to by clicking on an on-line box.

In the future, do not ever rely on any verbal statements that are inconsistent with what's in writing; instead, insist that the writing fully reflect the intent of the parties, and if the business says no, you say "no deal". There are limited circumstances where an inconsistent verbal statement may support a claim, such as where it can be argued that you were fraudulently induced to enter into a contract. You might have that issue. Of course, in those situations, the other side might claim that the verbal statement was never uttered.

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