Recent Answers to Consumer Protection Law Questions

Merry K.

Answered Jan 3, 2025

In Washington State, whether a gym can terminate a membership agreement without prior notice depends on the terms and conditions of the membership agreement and applicable state laws. The agreement generally should include a reference to any rules, so that you would know what the rules are before signing the agreement. Many contracts specify whether notice is required before termination. If the agreement explicitly allows termination without notice, the gym may enforce this provision unless it violates state or federal laws. Chapter 19.142 RCW (Washington State Law) governs health studio services and contracts, requiring clarity and fairness in gym membership agreements. This statute focuses on protecting consumers from unfair practices, such as unclear cancellation policies or unexpected charges. Here is a link to this chapter of Washington law: https://app.leg.wa.gov/rcw/default.aspx?cite=19.142 Next steps for you: Review the Membership Agreement: Check for clauses related to termination and notice requirements. Look for terms describing acceptable behavior, payment obligations, and the gym’s rights to cancel. Request Written Explanation: If termination occurs unexpectedly, request a written explanation for the decision. I suggest that you send a certified, return receipt letter politely and professionally requesting this explanation. You don't have to use USPS for a letter, but use some method that requires the recipient to sign something that shows they received the letter. I also advise people to write to the highest level person in the organization - for a local gym, this may be the local owner; for a national non-profit (YMCA) or national for-profit company (such as Planet Fitness), write to the CEO of the orgnization. Generally, in Washington, one has six years to dispute a contract violation, but it's always best to address any legal problem sooner, rather than later. Good luck, and best wishes. If you would like my help, please be aware I won't be available before January 24th, and I also no longer engage in any form of litigation other than providing coaching for Small Claims Court. I charge $350/hour for my time, as I have been an attorney for 38 years.

Dolan W.

Answered Sep 27, 2024

Hello and I'm so sorry this is happening to you. So legally they can't charge more than what was agreed. Under California law, a breach of contract occurs when one party fails to fulfill a legal duty the contract created and causes damages for the defendant. (California Civil Jury Instructions Number 303.) The measure of damages is the amount that will compensate the aggrieved party for all the detriment caused thereby or likely to result therefrom. (Cal. Civ. Code § 3300.) The law also prevents modification without additional consideration (something in exchange for binding the new amount) You can file a lawsuit in your local court. If you’ve already sent a bunch of letters, then the truth is this is the only way to compel them to do anything. Best of luck!

Sarah D.

Answered Jan 4, 2022

The Company was required to seek your permission to continue with repairs that would go beyond any estimated rate given. This is the protocol filed by repairmen for automobiles and other appliance protocols. The repairman had a legal duty to report the estimated costs of repair after your diagnostic testing, and you are protected under federal and Wisconsin consumer protection laws