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?

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.

@PrivacyOfficer_10 - 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 which sucks, the AG may open an investigation.

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.

@laura.p_2 - 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 smh.

Honestly, 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.

@Emily_S_2 - 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 (at least in my experience), 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 fwiw.

@LegalAssistKim_6 - 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 from what I've heard, the stronger your case. AG staff appreciate when people cite specific statutes ngl.

@frank_the_tank_13 - 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.

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?

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).

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 @mike_t_4 for the guidance!

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.

Same thing happened to me with a place in St. Pete. I had the cancellation email too and they kept billing. What finally worked for me was pulling up the contract and finding the exact cancellation clause, then quoting it back to them in writing along with my confirmation email.

The phone calls got me nowhere. Everything by email or certified mail from that point on. Once it was all in writing they suddenly found my cancellation in the system.

Don't waste any more time arguing with the manager. The front desk and even the GM usually can't actually reverse charges, they just read whatever the system tells them.

I'd send one clear written demand to corporate (not the local branch), attach the confirmation email and the green card scan, and give them a deadline. Keep it short and factual.

Quick question for OP, what does the contract actually say about how cancellation has to be done? You said certified letter, but does it also require a separate form or a 30-day notice window before the next billing cycle?

Asking because some of these contracts say cancellation is effective at the end of the next full billing period, which would explain one extra charge but definitely not three.

Honestly the fastest route here is your bank or card issuer. Charges that hit after you have a written cancellation confirmation are exactly what a dispute is for. I got two months reversed that way in about a week.

Bring the confirmation email and the certified mail receipt to the dispute. Don't just check the box that says 'I didn't authorize this,' actually upload the proof that you cancelled.

One thing nobody mentioned: if they're billing a debit card vs a credit card, your protections are different. Credit card disputes are generally stronger and you're not out the cash while it's being investigated.

If it's a debit card I'd move faster because that money already left your account.

I'll add some general context, and this is not legal advice, just background. Florida does regulate health studios specifically under the Health Studio Act in Chapter 501, and that's separate from the general deceptive trade practices part of the same chapter (FDUTPA). The cancellation and refund timing language people are referencing sits in the cancellation section of that act, not in the penalties section, so be careful citing exact subsection numbers because they're easy to mix up.

Practically, the strongest facts here are that you have written confirmation of cancellation and they kept charging anyway. That's a documentation case, and documentation cases tend to resolve once you put a clean written demand in front of someone with authority to issue a refund.

If the dollar amount stays small and they keep stonewalling, small claims is built for exactly this. Keep your green card, the confirmation email, and your statements together in one PDF.

The 'the system shows you're still active' line is such a classic. Their system isn't the law, your contract and your confirmation email are. I'd put that exact quote from the manager in your written complaint if you can attribute it to a date and a name.

Update from my own saga in case it helps: I filed a complaint with the Florida Department of Agriculture and Consumer Services (that's the office that handles a lot of consumer complaints down here) and also flagged it to the AG. The gym refunded me within about three weeks once they got a forwarded complaint.

I think the complaint itself did more than my emails did, because suddenly someone at corporate was paying attention.

Not Florida but I went through this in another state and the playbook was identical. Written demand, then chargeback, then state consumer complaint. By the chargeback step I already had my money.

The thing I'd warn OP about: cancel any saved payment method on their portal if you can, or they may just keep trying to run the card while you fight it.

Great thread, lots of practical steps here. Just a reminder to keep specific statute subsection numbers loosely framed unless you've actually pulled the text, since people are citing a few different sections and the cancellation language and the penalty language live in different places.

OP, if you get an outcome please post an update. These threads are most useful when we can see what actually worked.

OP here, thanks everyone. Update: I re-read the contract and it only required written notice by certified mail, which I did, no extra form, no special notice window. So all three charges look improper, not just two.

I sent a written demand to their corporate billing email with the confirmation email and green card attached, deadline of 10 days. Also opened a credit card dispute today. Will report back.

Nice, that's exactly the right order. One more tip, when you do the chargeback, dispute each month as a separate transaction if the card lets you. Sometimes they'll reverse one and 'forget' the others if you lump them into a single complaint.

Watching this because I'm about to cancel the same chain. For anyone reading later: get the cancellation confirmation in writing every single time, screenshot it, and don't trust a phone rep who says 'you're all set.' This whole thread is why.

Final update: the credit card company sided with me and reversed all three charges, total $147 back. The gym never even responded to my written demand, but once the chargebacks hit they sent an automated email confirming my account is closed.

Lessons for the next person: keep the confirmation email, keep the certified mail green card, dispute fast, and don't argue with the front desk. Thanks all, this thread genuinely helped.