Electronic Signature Pads

Electronic Signing In these days when internet purchasing has become common, and we are getting more and more into a cashless economy, it has become a matter of routine to give out our credit card or debit card information. Some people I know carry no cash whatsoever and rely on credit or debit cards to make even the most trivial purchases, such as a cup of coffee at Starbuck’s (not that a cup of coffee at Starbuck’s is so cheap). This freedom with card information sometimes causes people to forget that there are some unscrupulous people who will misuse it to line their own pockets. This misuse of credit card info is not restricted to outright theft, such as using a stolen card number to run up a slew of purchases. A business which has acquired the card data in a perfectly legitimate way may overreach, either intentionally or through sloppy bookkeeping, resulting in charges to the card which are incorrect. In a case with a slightly different twist, an Arizona student has sued LA Fitness, a California fitness club chain, for using his electronic signature to continue charging his membership fees even though he thought he had rejected the membership. The plaintiff claimed that LA Fitness drained his bank account of money he had set aside for tuition. The case raises an interesting question about the use of electronic signatures, because the plaintiff claimed that he gave his signature after being told that it was for a waiver but was in reality a contract for personal-training. His lawyer noted that the electronic signature pad used in this case is similar to those in retail stores where purchasers sign credit agreements. He said that such pads should not be legitimate for contracts and other complex documents. The student said, “I was never someone who thought I would sue anyone. But somebody needs to stand up.” He was referring to hundreds of complaints filed on consumer web sites alleging that LA Fitness bills for unrequested services, continues making auto-deductions after contracts are cancelled and refuses to pay back the amounts overcharged. So, a word to the wise: be careful with your credit or debit card information, and be sure you know what you are signing when using an electronic signature pad.