Consumer Law, Warranties Power of attorney required for refund of monthly gym membership dues?

[Quadzilla]

Jurisdiction

New York

Hello,
I'm writing on behalf of dear friend, a young Brazilian lady I met last summer whom I became close friends with. Isa was here in the states from May through August 2017. During that time, she set up a checking/ATM account at a Wells Fargo branch and also joined a fitness gym. She had just under $1000 in the checking account and because she was moving around so much, I don't think she ever got a statement from the bank, she usually conducted any business she needed at the local branch. She joined the fitness gym in May and was told by the representative that she could sign up for just one month and that's the only charge that would go against her ATM debit card. When she went back to Brazil in August she left that bank account open. When she returned to the US back in November, she was deported back to Brazil as she had overstayed her visit back in August when she was here. She's not sure when she'll make it back to the states so I've been trying to help her close her Wells Fargo account and get any funds left in the account.

When I visited Wells Fargo, I was told the only way I could access her account was through power of attorney. Problem is, it would cost Isa a LOT of money to visit the US consulate to get the power of attorney notarized. Another problem she now has is, that gym she joined has been charging $125 a month to her ATM card even though she was told she'd only be billed for the first month. When I called the gym on Isa's behalf, I was told by a manager that she could probably give her a couple of months worth of fees refunded and asked that I forward any documentation showing Isa was out of the country to her. I emailed her Isa's plane tickets and immigration forms that stated she was only in the country from May through August. I also stated Isa was seeking a refund for all the months for which she was erroneously charged, meaning June through January. I then got an email from the manager at the gym that stated
"Hi Dan: I received all the emails/documentation and forwarded them to the corporate office. They informed me they cannot discuss Isa's account with you or anyone else that is not Isa without a legal document giving you authority to handle her account. We will wait to hear from Isa or receive legal documentation."

The manager didn't specifically state power of attorney so I'm wondering if Isa were to write a letter that gives me the authority to handle her account, sign it and date it and send it to the corporate office for the gym if that would be good enough? I'm sure the people at the corporate office of the gym will tell me power of attorney is required to make it more difficult and less likely any refund will be given but I'm wondering what the law says, if anything, about this type of situation? Or, do you think she will need power of attorney even if it's just to get a refund processed? I ask this because, when Isa was first deported, I contacted Department of Homeland Security to try to get more information regarding her deportation. They told me of a 3rd party release authorization form that we could fill out and Isa could sign giving me access to info on her deportation. I'm assuming something similar could be done for the situation with the gym? Again, I was told by Isa that it would cost her a lot of money to get power of attorney processed there in Brazil. Also, I asked the manager at the gym if Isa's refund could be issued in a check rather than being refunded back to the account from which it was charged, I did this because of the problems we are having with Wells Fargo. Any idea if the bank is REQUIRED to issue a refund to the account from which it was charged?

Thanks in advance for any info y'all can provide!

Dan

 

[hrforme]

Working with members of our gym, we would only talk to a spouse or a parent of a minor on a different person's account. You didn't really clarify your relationship except this being a friend. How does the gym really know that you are who you say you are? Well only through some kind of documentation from her.

As to what she believed about the contract, she would need to ask the gym for a copy of the contract to see what she signed.

They have no legal obligation to you. If it was a debit card off of her bank account at some point the balance will run out in the transaction will just be rejected. Does she have anyway to get money out of that account? Her best bet is to get that bank account closed. But again I doubt that's anything you can do for her. She has to decide if the cost of going to get a POA is worth trying to get that money out of the bank or any refund from the gym

 

[zddoodah]

She joined the fitness gym in May and was told by the representative that she could sign up for just one month and that's the only charge that would go against her ATM debit card.

that gym she joined has been charging $125 a month to her ATM card even though she was told she'd only be billed for the first month.

I assume you weren't present when these things happened, so you don't really know what she was told. More importantly, what does the paperwork she signed say? I bet it doesn't say this.

I'm wondering if Isa were to write a letter that gives me the authority to handle her account, sign it and date it and send it to the corporate office for the gym if that would be good enough?

We have no conceivable way of knowing what the persons who work for the gym (who are, obviously, unknown to us) will or won't deem "good enough." Ask the person who told you this what they will accept.

I'm sure the people at the corporate office of the gym will tell me power of attorney is required to make it more difficult and less likely any refund will be given but I'm wondering what the law says, if anything, about this type of situation?

No law in any state has anything about this. No one is obligated to deal with you as it relates to your friend's situation. If you want to act on your friend's behalf, you'll need to get the gym whatever documentation it wants.

when Isa was first deported, I contacted Department of Homeland Security to try to get more information regarding her deportation. They told me of a 3rd party release authorization form that we could fill out and Isa could sign giving me access to info on her deportation. I'm assuming something similar could be done for the situation with the gym?

It was up to DHS to determine what paperwork it would accept. It is up to the gym to determine what paperwork it will accept. That DHS accepted one thing doesn't meant the gym is obligated to the same thing.

Any idea if the bank is REQUIRED to issue a refund to the account from which it was charged?

Yes. No such requirement exists. By the way, I assume you meant the gym, not the bank.

Again, I was told by Isa that it would cost her a lot of money to get power of attorney processed there in Brazil.

How much is "a lot of money"? Your post describes a bunch of bad decisions that your friend made, including a decision to violate U.S. immigration laws. That she is now suffering consequences as a result is hardly surprising. Why your friend can't communicate with her bank herself to get her money is beyond me, but it's up to her to decide if the costs associated with obtaining a power-of-attorney that will allow you to deal with it is worth the trouble.

 

[ElleMD]

Here's the thing; Brazil has phones, email, faxes, and mail service. Why isn't Isa handling this on her own? Surely she is capable of calling the gym and explaining her situation and requesting the membership be cancelled and inquiring about a refund. Same with the bank. While it is a bit of a pain to transfer money internationally, it can be done. It happens every day. Brazil isn't one of the few countries that would make this extraordinarily difficult. For that matter, if she has an ATM card, she can probably just access the funds that way and worry about officially closing the account later.