I formally cancelled my gym membership (signed gyms cancellation agreement). The next day the gym called me and attempted to convince me to suspend my membership for 6 months and then later, at that time I can decide to continue "without paying an enrollment fee" or cancel. Knowing that I had a written cancellation agreement, I may have considered the suspension but I'm sure I did not agree. There was no follow-up. After 6 months had passed the gym began billing my credit card. When I discovered this a year later, I contacted the gym and found the cancellation agreement was altered. The gym had changed the form (white out) without my knowledge and billed me for many months (almost a year). I never received a copy and was not contacted. They refuse to refund the money. The gym maintains that I contacted them to request a suspension instead of cancellation. That is false (a lie).

Is it fraud to alter a written agreement?

It's been over two years since I used this gym! I've been scammed and they owe me a refund.

Best possible place to settle it.

Do you think I have a chance in Small Claims?
Can the defendant countersue for legal fees if I lose?

I would think you have an excellent case. Take your copy (please tell me you have a copy) of your cancellation to court. Legally they would have had to change both copies and have you and them initial each one. They can't just white-out theirs. You show up with your copy. Tell the judge you cancelled on that date. When they contacted you about the "hold" or whatever you just stuck with cancelling the membership. The only issue the judge may question you on (in my opinion) is why you let it go on for months and didn't go cancel the first month the charges showed back up.

The losing party pays court costs. Typically there would be no lawyer fees for small claims court. Just court costs. It may be possible to settle out of court by hiring an attorney to send them a letter of intent. But in that case you'd most likely be out the cost of an attorney.

I have a copy of the altered cancellation agreement. You can clearly see where the changes occurred. They are not denying this, however they claim I changed my mind on the phone.

We overlooked the charges on our statements and found them later.
Is there a time limitation? The credit card company won't refund our money beyond 90 days.

I am nervous about filing the claim. I wrote them a letter giving them notice to pay. The Owner of the gym wrote back says he has not been sued in all this time, is well educated in business law, and vows to defend his company. I called twice to discuss but my calls are not returned. Thank you for your advice..

A document visibly altered needs to be initialed by both parties. On the other hand, you allowed these charges to go unanswered for several months. On the other hand, they have to prove you actually used the facilities.

So you have two things going for you and one against. I would say you will win, but its not a slam dunk.

Have you protested the charges through your credit card? That's the first thing you should have done.

As an aside, I hope you learned your lesson and check your credit card and bank statements each month.

Even if I get a judgement for half, it's better than nothing.

I haven't used the facilities for years, they have a monitoring system and they even noted on the cancellation form that date of last use.

I can't believe the Owner will not settle, all I can think is he is being misled by his accounts manager.

You can believe we learned our lesson. Then is it legal to practice this way, seems unethical to me. :)

Passive acceptance is a legal (though questionable) practice that has been around for years. Book of the Month clubs thrived on it. But its illegal to alter a document without written approval of both parties.

I think that fact, above all, is the backbone of my case..

Thank you for helping us in this trivial path to justice.

FL

You say you have a copy of the altered agreement. Do you have a copy of the original cancellation agreement (before it was altered)? The gym people will show the altered one (dont be surprised if the wite out version disapppears). You have to be able to say--this is the one I signed--theirs is a forgery.

Good luck and keep us posted.

I spoke to a law official about this and was told that if I can produce the original, then I have a criminal case. Otherwise I have a better chance with a civil claim.

I've been on the phone, written letters, emails and in person to try to recover or settle this matter up to 20 hours personally. Perhaps I can include a request for the cost of this effect in my claim. I am also thinking to include a list of numerous complaints from around the Country from people who have experienced similar treatment by World Gym and Gold Gym.

I need to just do it!

Yes, you would need the original to prosecute as a criminal fraud case. But I don't think that's what you want. You just want your money back. So it would be best to pursue as a civil case.

As for as producing documentation of similar complaints, you can try to produce that at the hearing. The judge may or may not allow them as evidence, dependng on how well documented they are. You can sue for expenses, not sure if you can collect.