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§7.05 Specialty Service Contracts—Health Studio Remedies

Lesson 7:
& Warranties

Contracts that violate any of the statutory requirements or were induced by fraud are void and unenforceable. [CC 1812.91, 1812.92.]

A buyer injured by violations of this law is entitled to damages. You may enter judgment for treble actual damages plus reasonable attorney fees. [CC 1812.94(a).] The seller may correct any violation within 30 days after execution of the contract and avoid liability, except the buyer must concur in writing with any correction that increases the monthly payments, the number of payments, or the total amount due. [CC 1812.94(b).]

A buyer who cancels is liable only for that portion of the total contract payment that was available for use by the buyer, based on a pro rata calculation over the term of the contract. The studio must return the remaining portion of the contract payment to the consumer. [CC 1812.85(e).]

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