Whether you need to claim compensation for an injury, or you have a dispute relating to billing, service, or other administrative issues, you should know what your options are to bring a legal claim against the YMCA.
Also referred to as the “Y,” the YMCA operates a worldwide number of facilities that serve more than 120 countries and about 64 million members. In the United States, the Y operates more than 2,700 facilities that employ 20,000 full time health and fitness industry professionals Around 600,000 volunteers help the YMCA achieve its operating mission. However, improperly trained volunteers can lead to the type of accidents we described in the introduction.
YMCA’s Dispute Resolution Process: Consumer Arbitration
As one of the first fitness center companies, the YMCA was one of the first to devise a terms of use policy. Within the current terms of use policy, the Y requires member to resolve disputes by going through a binding arbitration process.
Here is what the YMCA terms of use says:
“You agree that any action of law or inequity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the Illinois Arbitration Association and will be arbitrated in Chicago, Ill. If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.”
The YMCA requirement that members go through binding arbitration means you cannot initiate or participate in a class action lawsuit against the organization. However, you have three other options in addition to binding arbitration to file a claim or a complaint against the YMCA.
What is Binding Arbitration?
Binding arbitration means exactly how it reads. Every decision made by an objective arbitrator is the decision both parties must abide by.
The problem with filing a small courts claim is that although a decision is rendered, the decision does not settle a dispute. It simply accepts or denies just compensation requests. Binding arbitration settles a dispute because neither of the parties involved in the process can file an appeal. The binding arbitration process we help administer for clients goes through the procedures defined by the American Arbitration Association. For significant legal disputes that involve thousands, if not hundreds of thousands of dollars, a tribunal or an arbitration committee might be the ultimate arbiters of a case.
How Does Consumer Arbitration Work?
An arbitrator assigned to your case will hear from both the YMCA and your lawyer. You must submit evidence to back up your claim. For example, submitting the medical bills associated with two barbells landing on your foot is a good start for presenting convincing evidence. Your personal injury attorney will know exactly what types of evidence will sway an arbitrator’s decision.
The Costs of Consumer Arbitration
According to the American Arbitration Association, the YMCA and/or a member filing for binding arbitration must pay a filing fee. Read the terms of use created by the YMCA to determine whether the organization foots some, if not all of the bill for a binding arbitration hearing. You also have to consider the cost of working with an accomplished personal injury attorney.
To learn more about how to sue the YMCA, call our office or submit the convenient online form.
How to the YMCA in Small Claims Court
Although you cannot initiate or participate a class action lawsuit filed against the Y, you have the right to work with a licensed lawyer to file a small court claim. Just compensation runs from $2,500 to $10,000 for small claims court cases. For an incident that triggered expenses that exceeded $10,000, you should consider binding arbitration. The fees you pay the court and your attorney depends on the amount of money you are seeking by filing a small court claim.
Filing a Complaint with the Consumer Financial Protection Bureau
In some cases, filing a complaint with the Consumer Financial Protection Bureau (CFPB) is the best option for YMCA members. With your attorney, you can enlist the help of the CFPB to apply pressure on the YMCA by issuing a fine and/or another type of penalty for negligence. The CFPB exerts pressure as well on its website by posting the valid complaints filed by consumers. The YMCA can respond to a complaint filed by a member on the CFPB website.
Getting the Better Business Bureau Involved
Considered the most influential consumer advocacy organization, the Better Business Bureau (BBB) registers legitimate American businesses, and then compiles information about the businesses for consumers to read on its website. In addition to rating businesses, the BBB also posts consumer complaints. The BBB goes to great lengths to ensure each complaint is valid and not some grumbling from an ex-employee. Like the CFPB website, the YMCA can respond to member complaints in an attempt to resolve a dispute.