Exercising your rights when signing up at a new fitness club
Q.In March, my husband and I signed up at a new LA Fitness that was coming to Saugus. We prepaid for three years on a credit card. We were told the gym would be open late May, early June. When we called to find out the opening date, we were told that construction was stopped for nine weeks - due to the construction company going out of business - and a new contract had to be negotiated.
They say that they expect the club to open in September.
I asked for my credit card to be credited back so that I don't have to pay finance charges. They say they can't do that until the club actually opens.
This makes no sense to me. What can I do?
Anonymous
A. Taking a leap of faith presumably to get a deal - putting three years of a membership on a credit card facing finance charges - comes with its perils. But luckily, you have some protection.
You might not be able to exercise at their gym right now, but you can exercise your rights. The law is on your side.
The Massachusetts Consumer Protection Act has a specific provision about clubs having to acquiesce to a demand for a contract cancellation and refund if they don't open on time. They are obligated to refund your money within 15 days of your written notice of cancellation. That provision should appear in the contract you signed.
If they continue to give you a hard time, file a complaint with the attorney general's office by downloading a complaint form at mass.gov/Cago/docs/Consumer/consumercomplaintform.pdf or by calling 617-727-8400.
Q. I was wondering if you could help me in my attempts to contact my mortgage company, First Horizon. I have been calling their phone number for weeks with no success. I have waited for up to 57 minutes on hold.
Are there any state or federal rules in regards to being accessible to the consumer?
Donald J. Castle, Lynn
A. That does sound like a bit much. So, I asked your lender what was going on.
The company pointed out that in these trying times mortgage companies are receiving more calls than they are used to getting.
A First Horizon Home Loans representative said they are doing what they can to fix the problem, including adding staff and improving technology.
"At certain times of a month, even with all the improvements having been made, there are still those peak periods where the customer might be asked to hold in queue or to leave a message so their call can be returned," First Horizon vice president Jan Burger said. "We apologize for any inconveniences our customers have experienced."
Also, I am unaware of any law that spells out accessibility timeframes. As an alternative, you could try to contact them via e-mail to get a call back.
HAVE A CONSUMER QUESTION? E-mail your questions to consumer@globe.com.
