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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.