Polly joined workout health club and signed a one year membership contract with an annual fee of $1,200. Under the terms of the contract, Polly was responsible for payment of the entire fee, even if she stopped going to workout. However, Fred, Workout's employee, verbally told Polly that there is a three day free trail period and she would not owe anything if she quit within three days, Based on Fred's comment, Polly signed the contract. The contract did not include a trial period provision.

Two days later, Polly decided tso cancel her membership and sent an email to Fred advising of her decision. One month later, Polly received a telephone call from Dan, the owner of Workout, who said Polly was late in paying her membership fee. When Polly explained what Fred had told her about the three day trial. Dan said that Fred had been fired weeks earlier, and there was no free trial under the contract. Dan then began shouting and accused Polly of fraud and a crook. He told her that, unless she paid the fee immediately Workout would sue her for the entire amount of the contract plus massive additional fines. The contract did not provide for any fines.

Distraught Polly tracked down Fred. Fred said he left Workout because of its shady business practices and that Dan knew Fred had offered Polly the three-day trial period. Polly sent Dan a letter denying that she owe anything. Dan continued to make phone calls to Polly on a daily basis and at all hours. Dan also sent her numerousemails demanding payment including one that said Workout was preparing to file a lawsuit against Polly that could result in her going to jail. In one voicemail, Dan said he was going to call Polly's employer about the outstanding debt clearly owed by you. As a result of Dan's conduct, Polly became extremely distraught and suffered a panic attack which required medical attention and kept Polly home from work for several weeks, causing her to lose pay for that time.

What Texas consumer laws can Polly invoke, and what violations if any can she assert against Dan and Workout?