Florida-specific guide for gym members facing unauthorized charges, billing fraud, and cancellation disputes. Learn about FDUTPA claims, the Florida Health Studio Services Act, and how to recover refunds under Florida law.
Common Florida Gym Billing Fraud Issues
Issue Type
Description
Recovery Likelihood
Unauthorized Charges After Cancellation
Gym continues billing after you properly cancelled membership
High - clear FDUTPA violation
Hidden Fee Deception
Undisclosed annual fees, maintenance fees, or rate increases
High - disclosure violations under F.S. 501.012
Auto-Renewal Without Consent
Membership renewed without proper notice or consent
High - violates Florida automatic renewal laws
Cancellation Obstruction
Gym makes cancellation unreasonably difficult or impossible
High - FDUTPA unfair practice
Misrepresented Services
Promised amenities or services not provided
Medium-High - breach of contract plus FDUTPA
Florida Consumer Protections
3-day cancellation right for new health studio contracts (F.S. 501.015)
Written contract required with specific disclosures (F.S. 501.014)
Bond requirement - gyms must post surety bond for consumer protection
FDUTPA remedies - actual damages plus attorney fees
Realistic Expectations
Most billing fraud claims resolve within 30-60 days with proper demand
Florida small claims handles disputes up to $8,000
Credit card chargebacks provide additional leverage
Attorney fees are recoverable under FDUTPA, making legal action viable
Act Quickly: Florida law requires prompt action. File credit card disputes within 60 days of the billing statement. Send your demand letter as soon as you discover unauthorized charges.
Florida Legal Framework for Gym Billing Disputes
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
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F.S. Section 501.201 et seq. - FDUTPA
Florida's primary consumer protection statute prohibits unfair methods of competition and unfair or deceptive acts. Unauthorized gym charges, hidden fees, and cancellation obstruction all qualify as FDUTPA violations. Consumers can recover actual damages and attorney fees.
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F.S. Section 501.211 - Consumer Remedies
Anyone aggrieved by a FDUTPA violation may bring an action to recover actual damages, plus attorney fees and court costs. The court may also award declaratory and injunctive relief.
Florida Health Studio Services Act
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F.S. Section 501.012 - Health Studio Services Contracts
Regulates contracts between health studios and consumers. Requires written contracts with specific terms, limits contract duration to 36 months, and mandates disclosure of cancellation rights and refund policies.
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F.S. Section 501.015 - Right to Cancel
Consumers have 3 business days to cancel any health studio contract without penalty. The contract must contain a conspicuous notice of this right. Failure to provide proper cancellation notice extends cancellation rights indefinitely.
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F.S. Section 501.016 - Grounds for Cancellation
Florida allows cancellation with pro-rata refund if the consumer relocates more than 25 miles from the facility, becomes disabled, or if the health studio closes or materially changes its services.
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F.S. Section 501.017 - Surety Bond Requirement
Health studios collecting prepaid membership fees must post a surety bond with the Department of Agriculture and Consumer Services. This bond provides a fund for consumer refunds if the gym fails to perform.
Businesses offering automatic renewal must clearly disclose renewal terms, provide a cost-effective way to cancel, and send renewal reminders. Violations allow consumers to void the renewal and obtain full refunds.
Attorney Fees: Under FDUTPA, prevailing consumers recover attorney fees and costs. This makes it economically viable to pursue even smaller claims and often motivates gyms to settle rather than face litigation.
Documentation Checklist
Contract Documents
Original membership agreement (all pages)
Any amendments or renewal notices
Cancellation policy provided by gym
Marketing materials with price representations
Payment Records
Bank statements showing all gym charges
Credit card statements with charge details
Receipts for all payments made
Evidence of charges after cancellation
Cancellation Evidence
Copy of cancellation request (email, letter, or form)
Certified mail receipt if sent by mail
Gym's response or acknowledgment of cancellation
Notes from any phone calls with dates, times, and representative names
Screenshots of online cancellation attempts
Damage Documentation
Total amount of unauthorized charges
Bank overdraft fees caused by unauthorized charges
Time spent attempting to resolve the dispute
Any credit score impact from collections
Pro Tip: Create a detailed timeline of events including all communication attempts, charges, and responses. This timeline will form the backbone of your demand letter and any court filing.
Demand Letter Strategy
Pre-Letter Steps
Dispute credit card charges - File chargebacks for unauthorized charges within 60 days
Document everything - Gather all evidence before sending the letter
Research the gym - Check for other complaints with Florida DACS and BBB
Key Letter Components
Identification: Your name, membership number, and facility location
Factual Summary: Chronological description of the billing fraud
Legal Basis: Cite FDUTPA and the Health Studio Services Act
Specific Damages: Itemize all unauthorized charges and related costs
Demand: State exact refund amount and deadline (typically 14 days)
Consequences: Small claims court, DACS complaint, and attorney fees exposure
Sending the Letter
Send via certified mail with return receipt requested
Also send by email for immediate delivery
Address to corporate headquarters and local manager
Keep copies of everything
Florida Small Claims: Florida small claims court handles disputes up to $8,000. Filing fees range from $50-$300. You can represent yourself and the process is designed for consumers without attorneys.
Sample Florida Gym Billing Fraud Demand Letter
[Date]
Via Certified Mail and Email
[Gym Corporate Name]
[Corporate Address]
[City, FL ZIP]
Re: Demand for Refund - Unauthorized Charges
Member: [Your Name]
Member ID: [Membership Number]
Location: [Gym Location]
Amount Due: $[Total Amount]
Dear [Gym Name] Management:
I am writing to demand immediate refund of $[Amount] in unauthorized charges made to my account in violation of the Florida Deceptive and Unfair Trade Practices Act (F.S. 501.201 et seq.) and the Florida Health Studio Services Act (F.S. 501.012 et seq.).
BACKGROUND
On [Date], I [joined/cancelled my membership at] [Gym Name] located at [Address]. [Describe the situation - e.g., "I submitted a written cancellation request on [Date] as permitted under my membership agreement and Florida law."]
Despite my [cancellation/never authorizing these charges], your company has charged my [credit card/bank account] as follows:
[Date]: $[Amount] - [Description]
[Date]: $[Amount] - [Description]
[Date]: $[Amount] - [Description]
Total Unauthorized Charges: $[Total]
VIOLATIONS OF FLORIDA LAW
Your conduct violates multiple Florida statutes:
1. FDUTPA (F.S. 501.201 et seq.): Charging consumers without authorization constitutes an unfair and deceptive trade practice. Under F.S. 501.211, I am entitled to actual damages plus attorney fees.
2. Health Studio Services Act (F.S. 501.012 et seq.): Your failure to honor my cancellation rights and your continued billing violates the statutory protections afforded to Florida health studio consumers.
3. Unauthorized charges after cancellation constitute conversion of my funds.
DEMAND
I demand that within fourteen (14) days of this letter, you:
1. Refund $[Total Amount] representing all unauthorized charges;
2. Confirm cancellation of my membership effective [Date];
3. Cease all further billing attempts;
4. Remove any negative credit reporting related to this account.
CONSEQUENCES OF NON-COMPLIANCE
If I do not receive full payment within 14 days, I will:
1. File suit in [County] County Small Claims Court seeking damages plus costs;
2. File a complaint with the Florida Department of Agriculture and Consumer Services;
3. Pursue attorney fees as permitted under FDUTPA (F.S. 501.2105);
4. Report this matter to the Florida Attorney General Consumer Protection Division.
Under FDUTPA, I am entitled to recover attorney fees if I prevail. The cost of defending this claim will far exceed the refund amount.
I have attached copies of relevant documentation including my cancellation request, bank statements showing unauthorized charges, and my membership agreement.
Sincerely,
[Your Name]
[Your Address]
[Your Email]
[Your Phone]
Enclosures:
- Membership agreement
- Cancellation request dated [Date]
- Bank/credit card statements showing charges
- Prior correspondence with gym
Yes. File credit card chargebacks for unauthorized charges while pursuing your demand letter. You have 60 days from the billing statement to dispute charges. The chargeback process runs parallel to your demand and provides additional leverage.
If the gym does not respond within 14 days, file in Florida small claims court (up to $8,000). Also file complaints with the Florida Department of Agriculture and Consumer Services and the Florida Attorney General. These regulatory complaints create additional pressure.
Yes. FDUTPA provides for recovery of attorney fees by prevailing consumers. This makes it economically viable to hire an attorney for gym billing disputes, and often motivates gyms to settle rather than face litigation costs.
Attorney Services & Contact
Florida Gym Billing Fraud Recovery
I represent Florida consumers seeking to recover unauthorized gym charges, enforce cancellation rights, and pursue FDUTPA claims against deceptive health studios.
Email owner@terms.law or use Calendly for a paid strategy session.