Shay Simpson v. National Fitness Center, Inc.
Case Details
- Judge(s)
- Judge D. Michael Swiney, C.J.
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal from Circuit Court decision; partial affirmance and reversal
Related Laws
No specific laws identified for this ruling.
Outcome
Court affirmed the trial court's finding that National Fitness breached the contract and must refund all monies paid by the Simpsons, but reversed the TCPA violation finding and reversed the award of attorney's fees.
Excerpt
This appeal arises from a lawsuit filed by plaintiffs Shay and Brian Simpson ("the Simpsons," collectively, or "Ms." or "Mr. Simpson," respectively) against defendants National Fitness Center, Inc. and National Fitness Center, LLC ("National Fitness," collectively). Ms. Simpson and National Fitness orally contracted to allow the Simpsons "a couple of weeks" additional time to consider whether to cancel their club membership. After more than two weeks elapsed, the Simpsons elected to cancel but National Fitness refused to accept the cancellation. This case was tried before the Circuit Court for Knox County ("the Trial Court"). The Trial Court found that National Fitness breached the contract and committed a deceptive act under the Tennessee Consumer Protection Act ("TCPA"). The Trial Court ordered "a return of all monies paid [by the Simpsons] to [National Fitness] . . ." and awarded attorney's fees to the Simpsons. National Fitness appealed to this Court. We affirm the Trial Court in its determination that the Simpsons effectively exercised their right to cancel and that they were entitled to a refund of any monies paid. However, we reverse the Trial Court in its determination that National Fitness violated the TCPA. We, therefore, reverse the award of attorney's fees. We affirm, in part, and reverse, in part, the judgment of the Trial Court.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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