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Wife went to sign up for a $25 once a week yoga class and comes out after high pressure sales tactics having signed a contract for $500 per month, 2 days per week, minimum 3 month commitment. Realizes she made a mistake and calls back within the hour and leaves a message (they would not answer) to say she has changed her mind and cannot afford the payment. In addition, she didn't receive a copy of the contract. In todays email, she received an acknowledgement of her call but said she signed a contract and they intended to hold her to it. My question, is the FCC's "cooling off rule" applicable here? I have read that courses of instruction and training are covered by this rule stating you have until midnight of the 3rd business day to void a contract simply because you've changed your mind. In any case, I was able to put a hold on the charge card and am trying to talk amicably with the representatives but they seem to want to play the heavy. Thoughts?

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17 minutes ago, antwoo said:

My question, is the FCC's "cooling off rule" applicable here?

 

The FCC -- i.e., the Federal Communications Commission?  I have no idea what you're talking about here.  If you intended to refer to the FTC (i.e., the Federal Trade Commission), that rule would not apply to the situation you described.

 

Check out the information at this link.  It appears that contracts with "health clubs" (which almost certainly will include a yoga studio) are among the few types of contracts that may be cancelled without consequence under Pennsylvania law.  I also suggest you google "pennsylvania health club act."

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Oops!! Yep, made a typo there. I promise I will never do that again. Thank you for your response but just an FYI. You state that FTC's ( see, he can be taught!!) "cooling off rule" would not apply in this situation. Yet the link that you kindly attached in your reply clearly states the opposite as well as the Pa. Health Club Act. The conditions legislated in Pa. that would allow this rule to be applied as I read it, would be that the contract was for more than $25 and 3 months or longer in length. I'm suspecting that this is a federal vs. state regulation/interpretation but that is why I'm on this blog. Once again, thanks for the information. I appreciate it.

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3 hours ago, antwoo said:

You state that FTC's ( see, he can be taught!!) "cooling off rule" would not apply in this situation. Yet the link that you kindly attached in your reply clearly states the opposite as well as the Pa. Health Club Act.

 

Nothing at the site to which I linked made any reference to the FTC.  You can read about the FTC's "cooling off rule" here.  It applies to "a sale made at your home, workplace or dormitory, or at a seller’s temporary location, like a hotel or motel room, convention center, fairground or restaurant.  It also applies when you invite a salesperson to make a presentation in your home. But not all sales are covered."  I'll admit that your post doesn't completely foreclose the possibility that this happened at a temporary location, but it didn't sound like it to me.  Hence, the FTC rule wouldn't apply.  However, the Pennsylvania law, as described at the site to which I linked, is more broad.

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Hi @antwoo

 

Welcome and thanks for posting! Sorry to hear about your wife's high-pressure yoga sales situation! We have some helpful articles about cancelling sales and return policies that you may want to review:

 

Best of luck!

The FindLaw.com Team

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