I signed up with Pure Fitness in 2002 and prepaid fees "for the last month" at that time. On April 14 I gave 30 day notice to cancel membership as required by the signed agreement. The signed agreement contains a clause that "members are responsible for all charges accruing until cancelation is effective" and that prepaid dues for the last month would be "applied to the outstanding balance".
The next billing cycle began on April 19. I expected that the charge for that billing cycle would not occur, or if it occured, would be refunded, as explained in the agreement. But the manager made it clear to us that the next charge would occur, could not be stopped or refunded, and that we would be forced to remain members for 55 rather than 30 days. I then called my bank to stop that charge from being made.
But when Pure Fitness was unable to charge, rather than recognizing that the charge was covered by the prepaid dues, the billing represenative kept calling that there was an outstanding charge on my account.
I tried to negotiate with the billing representative on Tuesday, May 25 to convince her that the only reasonable meaning of the phrase ""last month"" can be the period between the notice of cancelation and the date of effective cancelation, and that the charge for the last month was covered by my prepaid last month due. But she insisted that the outstanding charge had to be paid, the prepaid last month due notwithstanding.
This interpretation of the contract renders the phrases "30 day cancelation period" and "last month prepaid" meaningless. I think that the language as well as the spirit of my contractual agreement with Pure Fitness has only one reasonable interpretation, and that is that I did not owe anything after giving my 30 day notice. Pure Fitness defrauded me of one extra month's dues.
Furthermore, this billing practice constitues advertising fraud, given that at signup, it was explained to me that I could cancel at any time, subject only to a 30 day notice. 30 days, not 55 days.
I subsequently reported this case to the BBB. They forwarded my complaint to Pure Fitness, but after 6 months, nothing has happened. So I'm reporting this here in the hope of warning other people:
If you sign up with Pure Fitness, DON'T "prepay" for the last month. They have no intention of ever honoring the meaning of "last month prepaid" when you cancel.
Rochus
Bensheim
Germany
0 comments