QUESTION

If a contract states it must be cancelled in person or by certified letter can other means of correspondance be used in lieu of the certified letter?

Asked on Nov 15th, 2011 on Contracts - Maryland
More details to this question:
I joined planet fitness over 2 years ago in Baltimore. After my contractual term was up I went into the gym and cancelled my membership. Without me noticing, due to the small charges, they continued to bill me for a year. I noticed when I moved, closed my associated account, and started receiving bills in the mail. I did not receive a receipt for my cancellation. I contacted them immediately and was told my membership was cancelled but I would not be refunded the money they had been billed, even though my gym attendance records support my claim. I filled a BBB complaint in response and on top of this I stated that I was afraid they would continue to bill me even though they told me my membership was cancelled as I did not receive a receipt. They assured me over the phone they would not. They have now been billing me monthly and told me over the phone they would not cancel unless I paid what I owed. I believe my BBB complaint provides sufficient notification of my cancellation.
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1 ANSWER

If a contract states a specific means of cancelation, then that is the only method of cancelation.  Simply filing a BBB complaint would be insufficient to cancel the contract if that is not the method specified in the contract.  You should follow the contract specifically to cancel the contract, and contact an attorney who practices in consumer protection to determine if the gym breached any terms of the contract or any consumer protection laws. For more information visit my website at www.alsobrooklaw.com. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  
Answered on Nov 21st, 2011 at 3:40 PM

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