Say a 24 hour gym Franchise offers cancellation through email of their memberships. A cancellation email was sent but the membership was never cancelled and has been withdrawing dues for up to two years from a checking account. The ownership has transferred to a new franchise owner from the original, from when the email was sent.
With full proof of a sent email stating all information to cancel the membership who would be liable for reimbursement of membership dues? Does liability fall under the initial owner who should have cancelled the membership, the new owner who continued to withdraw dues, or the franchise as a whole? When filing in small claims I am wondering who the defendant would be?
The new owner states they have a waiver of all liability from the previous owner.