Can I be bound to a contract I never knew I was signing, never given to read and lied about what I was actually signing?

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Can I be bound to a contract I never knew I was signing, never given to read and lied about what I was actually signing?

This gym said this E-signature pad I was signing was to approve monthly withdrawals from my account, in reality the e pad i was signing was to a contract on his computer screen facing away. After discussing how I didn’t want a contract, I wanted just month to month. Apparently now I’m in a 3 year contract. He even spoke badly of other gyms for their contracts. I have come to find out they have a month to month for $10 more than the $40 I am paying, after going back to confront him he said he tells everyone the same thing and he just doesn’t know what happened. Do I have any legal standing?

Asked on July 31, 2012 under General Practice, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the gym for fraud.  Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.

You did not know there was a contract or that you were signing a contract.  Fraud is a defense to enforcement of the contract.


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