Gym Charged Me After Cancellation - Florida (55 replies)

I cancelled my gym membership at FitZone in Miami back in May. Sent the certified letter like the contract said, got the green card return receipt. They confirmed cancellation by email on May 12th.

Now they've charged me for June, July, AND August - a total of $147. When I called, they said my "cancellation wasn't processed correctly" and refused to refund. The manager literally said "the system shows you're still active."

I have the confirmation email right in front of me. This is insane. What are my options under Florida law?

Florida actually has pretty strong protections for gym members. Look up the Florida Health Studio Act - it's Florida Statutes 501.012 through 501.019. These laws specifically regulate health studios and give you significant cancellation rights.

The fact that you have written confirmation of cancellation is huge. That's your smoking gun.

Under Florida Statute 501.015, health studios must honor cancellation requests. The law is very specific about consumer protections in this industry because of the long history of abusive practices.

Key points from the Florida Health Studio Act:

• 501.013 - Defines what constitutes a "health studio" (most gyms qualify)
• 501.015 - Establishes cancellation rights and requires refunds within 30 days
• 501.016 - Sets requirements for health studio contracts
• 501.017 - Covers surety bonds that gyms must maintain

If they continued charging after your documented cancellation, you also likely have claims under FDUTPA (Florida Deceptive and Unfair Trade Practices Act, Chapter 501 Part II). This allows for attorney's fees if you prevail, which is significant leverage.

Had the exact same issue with a gym in Tampa last year. They kept charging me for 4 months after I cancelled. Here's what worked:

1. Filed a complaint with the Florida Attorney General's Consumer Protection Division
2. Filed a separate complaint with DBPR (Department of Business and Professional Regulation)
3. Disputed all charges with my bank as "unauthorized transactions"

Got my money back in about 6 weeks. The gym also got fined. These complaints actually get investigated in Florida.

Thanks everyone. Where exactly do I file the AG complaint? And does DBPR really handle gym issues?

For the AG complaint, go to MyFloridaLegal.com - there's an online complaint form under Consumer Protection. Make sure to upload copies of your cancellation letter, the certified mail receipt, and their confirmation email.

DBPR handles health studio regulation because gyms have to be registered and bonded in Florida. Their complaint portal is at MyFloridaLicense.com.

Quick clarification on the DBPR angle: Under F.S. 501.017, health studios are required to maintain a surety bond of at least $25,000. This bond exists specifically to pay consumers who are owed refunds when the gym won't pay voluntarily.

If the gym is properly bonded (which they're required to be), you may be able to make a claim against that bond. The DBPR can help you determine if the gym is compliant and how to access the bond if needed.

Don't forget your bank. I dealt with this at a gym in Fort Lauderdale. My credit union reversed all three charges as "unauthorized recurring charges" within a week. The gym tried to fight it but lost because I had the cancellation confirmation.

Pro tip: When you dispute, specifically tell them these were charges made AFTER you cancelled in writing. That changes it from a "merchant dispute" to an "unauthorized charge" which banks take more seriously.

UPDATE: Just filed the AG complaint and bank dispute. The bank already issued provisional credits while they investigate. Also sent a formal demand letter to the gym citing F.S. 501.015 and FDUTPA, giving them 10 days to confirm in writing that my account is closed and no further charges will occur.

Will update on how this goes.

Following this thread because I'm dealing with something similar at a CrossFit box in Orlando. They're claiming I need to pay a $200 "early termination fee" even though my contract was month-to-month. Is that even legal?

@OrlandoStartupGuy - If your contract is truly month-to-month, they generally cannot charge an early termination fee. That fee only makes sense for fixed-term contracts where you're leaving before the term ends.

However, some gyms label contracts as "month-to-month" but bury language about a minimum commitment period. Check your contract carefully. Under F.S. 501.016, health studio contracts must clearly state the total financial obligation.

If they're claiming a fee that wasn't clearly disclosed in your original contract, that's potentially a FDUTPA violation for deceptive practices.

I work in the fitness industry (personal trainer, not management) and can confirm this is super common. The billing systems these gyms use are designed to make cancellation difficult. Most front desk staff genuinely don't know how to properly cancel accounts - they just click "request cancellation" which goes into a queue that nobody checks.

Always get written confirmation AND call your bank to block future charges from that merchant.

This happened to me at Planet Fitness in Pensacola. Three months of charges after cancellation. What finally worked was filing a BBB complaint - they responded within 48 hours and refunded everything. Sometimes the BBB route is faster than the AG for national chains.

BBB can work for big chains because they care about their rating. Local gyms often don't care. I'd still recommend the AG complaint regardless because it creates a paper trail. If enough people complain about the same gym, the AG may open an investigation.

UPDATE 2: Got a call from someone at FitZone corporate (not the local manager). They apologized, confirmed the charges were "an error," and are processing refunds for all three months. They also sent a written confirmation that my membership is terminated.

I think the AG complaint got their attention. The bank dispute is still pending but I'll close it once the refunds post.

Glad you got resolution! For others reading - don't close your bank dispute until the refund actually posts to your account. I made that mistake once. The gym promised a refund, I closed the dispute, then they never actually processed it.

Question for the attorneys here - I signed a 12-month contract but want to cancel after 6 months because I'm relocating to North Carolina for work. Does the Florida Health Studio Act have any relocation provisions?

@GainesvilleGator92 - F.S. 501.015(3) specifically addresses this. You can cancel if you relocate more than 25 miles from the health studio or any of its affiliates. You'll need to provide proof of relocation (new lease, utility bill, employment letter, etc.).

Under this provision, you'd be entitled to a pro-rata refund of any prepaid fees. They cannot charge an early termination fee for relocation cancellations - that would violate the statute.

Just want to add my experience. My gym in Boca tried to send me to collections for $89 in "unpaid dues" from after I cancelled. I sent the collection agency a debt validation letter along with copies of my cancellation confirmation. Never heard from them again.

Don't let these gyms bully you. Document everything and know your rights.

This thread is gold. Bookmarking for when I inevitably have to cancel my gym membership. The 25-mile relocation rule is great to know about.

Does anyone know if the Health Studio Act applies to yoga studios and pilates places, or just traditional gyms?

@NaplesBeachFit - Good question. F.S. 501.012(1) defines "health studio" as any facility that offers services for physical exercise, weight control, or figure development. This generally includes:

• Traditional gyms and fitness centers
• Yoga and pilates studios (if they charge membership fees)
• CrossFit boxes and similar facilities
• Martial arts studios (in most cases)

The key is whether they operate on a membership/contract model. A yoga studio that only sells individual class passes might not be covered, but one that sells monthly memberships would be.

Update on my situation - the CrossFit gym backed down on the $200 early termination fee after I sent them a letter citing F.S. 501.016 and pointing out that the fee wasn't clearly disclosed in my contract. They tried to claim it was in "supplementary materials" but that doesn't fly under Florida law.

Thanks to this thread for the legal citations!

Different angle here - has anyone had success with small claims court for gym disputes in Florida? My gym owes me about $400 (combination of unauthorized charges and a pro-rated refund they never paid). Wondering if it's worth the hassle.

@CoralGables_Chris - For $400, small claims is definitely worth it. Filing fee is only around $55-$80 depending on the county. Many gyms will settle once they're served because sending a lawyer to small claims court would cost them more than $400.

Florida small claims limit is $8,000, so you're well within range. You can represent yourself - no lawyer needed.

@CoralGables_Chris - One important note: check your contract for an arbitration clause. Many gym contracts include mandatory arbitration provisions that would prevent you from going to small claims court.

However, Florida courts have sometimes found these clauses unenforceable when they're buried in fine print or when the arbitration costs would exceed the amount in dispute. Worth reviewing before you file.

Reading through this thread as a gym employee (trainer in West Palm Beach). Management at my gym is notoriously bad about processing cancellations. My advice: ALWAYS get cancellation confirmation in writing AND call back a week later to verify it was processed. So many "cancellations" get lost in the system.

Does anyone know if the 3-day cancellation right applies to renewals or just initial signups? My gym auto-renewed my annual contract and I want out.

@Clearwater_Lisa - The 3-day right to cancel under F.S. 501.015(1) technically applies to the original contract. Auto-renewals are a gray area.

However, you may have other options. First, check if your contract requires the gym to notify you before auto-renewal. Many do, and if they failed to provide proper notice, the renewal may not be valid.

Second, look at your bank statement. If the renewal charge just processed, you might be able to dispute it as an unauthorized charge, especially if you weren't properly notified. Florida doesn't have automatic renewal disclosure laws as strong as California's, but federal ROSCA requirements still apply.

Quick question - does anyone know if these laws apply to gyms on military bases? I'm having issues with a gym at Homestead ARB and not sure if state law even applies there.

@HollywoodFL_Hannah - If it's an on-base gym operated by MWR (Morale, Welfare, and Recreation), state consumer protection laws don't apply because it's federal property. You'd need to go through military channels - usually the base legal office or your chain of command.

If it's a private gym that just happens to be near a base, then normal Florida law applies.

FINAL UPDATE: All refunds posted to my account. $147 total returned. Also received a letter from the Florida AG's office saying my complaint was forwarded to the gym and they've received multiple similar complaints about this location. So hopefully some enforcement action is coming.

For anyone going through this: file the complaints, dispute with your bank, and cite the specific statutes. It works.

Great outcome OP! This thread has been incredibly helpful. I work for a state agency in Tallahassee and can confirm that consumer complaints do get reviewed. The more documentation you include, the stronger your case. AG staff appreciate when people cite specific statutes.

Adding my story - gym in Daytona Beach charged me a $50 "account maintenance fee" that was never mentioned in my contract. When I complained, they said it was in their "policies and procedures" document that I supposedly received at signup but never actually did.

Filed AG complaint citing FDUTPA 501.204 (deceptive acts). They refunded within 2 weeks. Florida AG doesn't mess around.

Does anyone have experience with gyms that close suddenly? A gym in St. Pete just shut down with no notice and they still owe me 8 months of prepaid membership ($320). The location is completely empty.

@StPete_Pauline - This is exactly why F.S. 501.017 requires health studios to maintain a surety bond. Contact DBPR immediately and ask about filing a claim against the gym's bond.

You'll need:

• Copy of your membership contract
• Proof of payment (bank statements, receipts)
• Documentation showing the gym closed

If the gym filed for bankruptcy, there may be limitations, but the bond exists specifically for situations like this. Also file a complaint with the AG - sudden closures with outstanding memberships often trigger investigations.

Just want to thank everyone in this thread. Used the information here to get $89 refunded from my gym in Brandon. The magic words were "Florida Health Studio Act" and "FDUTPA complaint." Manager suddenly found a way to process my refund that didn't exist 5 minutes earlier.

Question: I signed up online for a gym membership (never went in person). The website had the auto-renewal terms in a scrollable text box that you had to scroll through to see. Is that "clear and conspicuous" under Florida law?

@Melbourne_Katie - Courts have generally found that terms buried in scrollable text boxes do NOT meet "clear and conspicuous" requirements, especially for material terms like auto-renewal. The FTC's guidance on "dark patterns" specifically calls out this practice.

Florida courts look at several factors: Was the term in a larger or contrasting font? Was it in a prominent location? Would a reasonable consumer notice it? If you had to scroll through a wall of text to find the auto-renewal disclosure, there's a strong argument it wasn't conspicuous.

My gym in Ocala is claiming they can't cancel my membership because it's through a third-party billing company (ABC Financial). They say I have to deal with ABC directly. Is this legit?

@Ocala_Outdoors - No, that's BS. Your contract is with the gym, not the billing company. ABC Financial is just a processor. The gym is legally responsible for honoring your cancellation rights under F.S. 501.015.

Send your cancellation notice to both the gym AND ABC Financial via certified mail. That way you've covered all bases and they can't claim they didn't receive it.

Pinning this thread due to continued relevance. Summary of Florida gym cancellation rights:

• 3-Day Cooling Off - F.S. 501.015(1) gives you 3 business days to cancel any new health studio contract for a full refund
• Relocation - F.S. 501.015(3) allows cancellation if you move 25+ miles away
• Disability/Death - F.S. 501.015(4) allows cancellation for permanent disability or death with documentation
• Surety Bond - F.S. 501.017 requires gyms to maintain a $25,000 bond for consumer protection
• FDUTPA - Deceptive practices can be reported under Chapter 501 Part II

File complaints at MyFloridaLegal.com (AG) and MyFloridaLicense.com (DBPR).

Random question but does anyone know if the Health Studio Act applies to apartment complex gyms? My apartment is charging a mandatory "fitness center fee" of $30/month but the gym is always broken equipment and filthy.

@Lakeland_Pete - Generally no. The Health Studio Act applies to businesses whose primary purpose is providing health studio services. An apartment gym is an amenity, not a health studio business.

Your issue would be addressed through landlord-tenant law instead. If the fitness center was advertised as an amenity and it's not properly maintained, you might have a claim under F.S. 83.51 (landlord's obligation to maintain premises). Document the broken equipment and file complaints with your property management in writing.

Success story: Used this thread to fight a $250 "personal training cancellation fee" that my gym in Vero Beach tried to charge. Sent them a letter citing F.S. 501.016 (contract requirements) and F.S. 501.204 (FDUTPA). They waived the fee within a week.

The specific statute citations are KEY. It shows you've done your homework and aren't going to be pushed around.

Update on the gym that closed suddenly - DBPR confirmed the gym did have a surety bond. Filed my claim and just received $320 check in the mail! The bond claim process took about 6 weeks total. Thank you @FL_Attorney_Davidson for the guidance!

@StPete_Pauline That's awesome! Good to know the bond system actually works. I always wondered if those were just paper requirements or if consumers could actually collect.

Dealing with a situation right now - I have a medical condition that prevents me from using the gym (doctor's note and everything). The gym is saying I can only "freeze" my membership, not cancel. F.S. 501.015(4) mentions disability - does my situation qualify?

@Deltona_Dan - F.S. 501.015(4) allows for cancellation if a buyer "becomes physically unable to avail himself or herself of a substantial portion of those services." The statute specifically requires a certification from a licensed physician.

Key points:

• The disability must be "permanent" (though courts have interpreted this somewhat flexibly for long-term conditions)
• You need written certification from a licensed physician
• You're entitled to a pro-rata refund of any prepaid amounts

A "freeze only" policy likely violates the statute if your condition is long-term. Send a formal cancellation request with your doctor's note via certified mail, citing F.S. 501.015(4).

This thread has been going strong for 7 months now. Should probably be required reading for anyone signing a gym membership in Florida. The amount of useful info here is incredible.

Pro tip I learned: Before signing ANY gym contract in Florida, ask to see their DBPR registration and proof of surety bond. If they can't or won't provide it, walk away. A gym operating without proper registration is a huge red flag.