Have You Been Charged for Services You Couldn't Use Because of the Pandemic?


By Attorney Briane Pagel

Are you a member of a health club? Do you pay for ongoing services at a spa or other personal care service? If so, and if you were not able to use those services during the pandemic, there's a chance you were wrongfully charged for them.

Authorities in Texas are investigating claims that a spa owner continued to charge customers monthly fees for services they could not access during the pandemic, only to then close down without refunding the money or allowing the customers to receive their services. 

Your membership in a gym or similar organization is governed primarily by the contract you signed (including any updates or amendments that have been made over time), but most such contracts will also be subject to the Wisconsin Consumer Act. That Act imposes a "duty of good faith." This duty, while not specifically defined, means that both parties to a contract have to act in good faith and within reasonable commercial standards. So if a gym or movie theater or spa closed during the time you were paying for services, you may have a right to a refund or credit (or extension of the agreement) for those periods when you were unable to get the benefit of your bargain.

Consumers have rights, and Lawton & Cates' consumer protection attorneys are ready to help you enforce them. Call today for a free consultation.