Gym Charged Me After Cancellation - New York

I canceled my gym membership in May 2024 - sent certified letter, got confirmation, the whole deal. They still charged my card for June, July, AND August.

When I called they said their "system didn't process the cancellation correctly." Now they're saying I owe them for the months they charged because I "didn't dispute it fast enough."

This is Crunch Fitness in Brooklyn. I have the certified mail receipt showing they received my cancellation letter on May 10th. What are my options under New York law?

Total unauthorized charges: $89.97 ($29.99 x 3 months)

New York has strong protections for gym members. GBL Article 30 (Health Club Services) specifically covers this situation. They can NOT charge you after a valid cancellation, period.

The fact that you sent certified mail with return receipt is perfect - that's legally considered proper notice regardless of what their "system" says.

Under NY General Business Law Section 627, health clubs must honor cancellations made in accordance with contract terms. Since you have certified mail proof, they clearly violated the law.

Here's what you should do:

1. Dispute the charges with your credit card company immediately - you're within the 60-day window for the August charge at least
2. File a complaint with the NY Attorney General's Consumer Frauds Bureau (online at ag.ny.gov)
3. If you're in NYC, also file with the Department of Consumer and Worker Protection (DCWP, formerly DCA)
4. Send the gym a demand letter citing GBL 627 and requesting full refund within 14 days

The AG complaint is particularly effective - gyms hate having those on their record.

This happened to me with Planet Fitness in Astoria last year. Charged me 4 months after cancellation. Filed AG complaint and they refunded everything within 2 weeks. The key is they don't want the AG investigation on their record.

Make sure to include all your documentation - the certified mail receipt, bank statements showing charges, and any communication with them.

Thanks everyone! Quick question - should I do the credit card dispute first or the AG complaint first? And does filing the AG complaint affect my ability to do a chargeback?

Do both simultaneously - they don't conflict. The credit card dispute gets your money back faster, while the AG complaint creates a record and puts pressure on them.

For the chargeback, use reason code "services not provided as agreed" or "canceled recurring transaction." Include your certified mail receipt as evidence.

One thing to watch out for - some gyms will send the unauthorized charges to collections as "retaliation" even after you win the dispute. If that happens, dispute it with the credit bureaus immediately and file another AG complaint.

NY also has the Fair Debt Collection Practices Act provisions that protect you from this kind of harassment.

Had a similar issue with a local gym up here in Buffalo. The AG complaint form is really straightforward - took me maybe 20 minutes to fill out. Got a response from the gym's corporate within 10 days offering full refund plus a $50 credit (which I declined since I never wanted to go back).

For NYC residents specifically - the NYC Consumer Protection Law (Admin Code Title 20) has even stronger provisions than state law. The DCWP can actually levy fines against businesses for deceptive practices.

Filing with both the state AG AND DCWP is the best approach if you're in the five boroughs.

UPDATE: Filed the AG complaint and DCWP complaint on the 17th, did credit card disputes on the 18th. Just got an email from Crunch corporate apologizing for the "billing error" and confirming they're refunding all three months.

The AG complaint must have gotten their attention fast. Thanks everyone!

Great outcome! For anyone else dealing with this - GBL Section 628 also requires gyms to give you a written copy of your contract at the time of signing, clearly stating cancellation terms. If they didn't do this, the entire contract may be voidable.

Also, NY gyms must allow cancellation if you move more than 25 miles from the gym or any affiliate, or if you become disabled. These are statutory rights that can't be contracted away.

Question for the attorneys here - what about gyms that require you to cancel in person? My gym (Retro Fitness) says I have to come in and sign a cancellation form. Is that even legal in NY?

Gyms can specify reasonable cancellation procedures in the contract, but certified mail should always be accepted as valid notice. If they refuse to honor a certified letter cancellation, they're likely violating GBL Article 30.

The "in-person only" requirement is often used as a dark pattern to make cancellation difficult. Send certified mail anyway and document their refusal to honor it.

Jumping in because I'm dealing with something similar. Blink Fitness charged my annual fee ($49) after I canceled via their app. Their app even shows my membership as "canceled" but they still charged me.

Is the app cancellation confirmation enough proof, or do I need certified mail too?

App confirmation with timestamp/screenshot is good evidence. Take screenshots of everything showing "canceled" status with dates visible. That combined with the unauthorized charge should be enough for both a chargeback and AG complaint.

What if the gym is headquartered in another state but has locations in NY? I signed up at an Equinox in Manhattan but they're based in Delaware. Which state's laws apply?

NY law applies if you signed the contract in NY and/or the gym is located in NY where you used services. GBL Article 30 specifically applies to "health clubs" operating in the state. Their corporate headquarters location doesn't matter for consumer protection purposes.

The contract might have a choice-of-law clause but those are generally unenforceable when they conflict with mandatory consumer protection statutes.

Pro tip from someone who worked at a gym: always get cancellation in writing AND call your bank to put a stop payment on the gym's merchant ID. Belt and suspenders approach. Gyms have notoriously bad billing systems and "errors" happen constantly.

As someone in the fitness industry, I can tell you most gyms bank on people not knowing their rights. The 3-day cancellation window under GBL 624 is absolute - you can cancel any gym contract within 3 business days of signing for ANY reason and get a full refund.

After that, they have to honor whatever cancellation terms are in the contract. But those terms can't be "unreasonable" under NY law.

Following this thread because NYSC (New York Sports Club) has been charging me even though they literally closed my location permanently! They say I can use any other location but the nearest one is 45 minutes away. How is this allowed?

FlatbushMom - that's a clear violation. Under GBL 625, you have the right to cancel if the health club "ceases operation" or "relocates" and the new location is substantially inconvenient. 45 minutes is definitely substantially inconvenient.

Send them a certified letter demanding cancellation effective immediately and refund of all payments since closure. If they don't comply, file with the AG. NYSC has been sued multiple times for this exact practice.

I want to share a success story. Had $350 in charges from LA Fitness after cancellation. Did the AG complaint + credit card disputes. Not only did I get the $350 back, but the gym also sent me a $100 check as "settlement" because they wanted me to withdraw the AG complaint. I cashed the check but didn't withdraw the complaint since their violations should be on record.

Pinning a reminder: when filing your AG complaint, use the online portal at ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint. You'll need:

• Your contact information
• Gym name, address, and contact info
• Timeline of events
• Copies of contract, cancellation proof, and bank statements
• Description of what resolution you're seeking

Be factual and specific. Include dollar amounts and dates.

Can anyone clarify the annual fee situation? My gym charges $49 "annual enhancement fee" that's separate from monthly dues. When I canceled they said the annual fee is "non-refundable" even though it was charged 2 weeks before I canceled. Is this legal?

Annual fees are a gray area, but here's the rule: if the contract clearly disclosed the annual fee and when it would be charged, and you used services after it was charged, they can probably keep it. However, if the fee was charged after your cancellation was effective, it's unauthorized and you can dispute it.

The "non-refundable" language in the contract doesn't override your statutory rights. If the fee was charged after cancellation, file a dispute.

Just wanted to add - if you're dealing with a gym that's part of a national chain, sometimes going directly to corporate (bypassing the local gym) gets faster results. I dealt with an issue at Gold's Gym and emailing their corporate customer service got my refund in 3 days after the local manager stonewalled me for weeks.

What about boutique fitness studios? I have an issue with a cycling studio (not SoulCycle, similar concept) that keeps charging my card for a "membership" I thought was just a class package. Does GBL 30 apply to them too?

GBL Article 30 defines "health club" broadly - it includes any facility offering fitness services for a fee. This covers traditional gyms, yoga studios, cycling studios, CrossFit boxes, martial arts schools, etc.

If you're paying a recurring fee for access to fitness services, the law likely applies. The key is whether it's a "membership" or "subscription" vs. a one-time class purchase.

Thread MVP post right here: I created a template cancellation letter with all the required elements. Happy to share if anyone wants it. Includes:

• Clear statement of intent to cancel
• Member ID/account number
• Effective date of cancellation
• Request for written confirmation
• Notice that unauthorized charges will be disputed
• Citation to GBL Article 30

Send via certified mail with return receipt requested. Keep copies of everything.

@GreenPointTina would love that template! Also - does anyone know if the 30-day notice requirement that many gyms have is actually enforceable? My contract says I have to give 30 days notice but they want to charge me for 30 days AFTER they receive my cancellation.

A 30-day notice period is generally enforceable if it was clearly stated in your contract. That's considered a reasonable business practice. However, watch out for these tricks:

• They claim they didn't receive your notice (hence why certified mail is essential)
• They try to extend it beyond 30 days due to "billing cycles"
• They charge for an extra month claiming the 30 days started from a different date

The 30 days runs from when they RECEIVE your notice, not when they "process" it.

Small claims court worked for me when a gym refused my refund even after AG complaint. Filed in Queens Civil Court, $35 filing fee. The gym didn't even show up to contest it - got a default judgment for $480 (my $160 x3 as treble damages under GBL 349 for deceptive practices).

Had to file with the sheriff's office to enforce the judgment but eventually got paid.

Bookmarking this thread. Just moved from Ithaca to Brooklyn and my old gym is saying I can't cancel because I signed a 12-month contract. But I moved! They're 5 hours away! Surely this violates the "relocation" exception?

@Ithaca_Paige - GBL 626 explicitly allows cancellation if you permanently relocate more than 25 miles from the gym or any of its affiliates. You'll need to provide proof of your new address (utility bill, lease, etc.).

They cannot hold you to the contract. Send certified letter with proof of new residence and cite GBL 626.

Can we talk about the "freeze" trap? My gym said I could "freeze" my membership instead of canceling. Turns out the freeze has a maximum of 3 months and then they automatically reactivate and start charging again. Found out the hard way with $180 in charges.

The freeze terms were in page 6 of an 8-page contract in tiny print. Is this enforceable?

The freeze auto-reactivation is a classic gotcha. Whether it's enforceable depends on how clearly it was disclosed. Buried in page 6 of tiny print may not meet the "clear and conspicuous" disclosure requirements under NY consumer protection law.

More importantly - did they notify you before the freeze ended and charges resumed? Many gyms skip this and that's where they get in trouble. File an AG complaint and challenge the charges.

Happy New Year everyone! Starting the year dealing with gym billing issues - got hit with a $199 "training session" I never authorized. The gym says I "agreed" to it when I signed up but I definitely didn't. Can they just add charges like this?

Absolutely not. Any charges beyond what was explicitly agreed to in your membership contract require separate authorization. This is a straight-up unauthorized charge.

Dispute it immediately with your credit card and include a statement that you did not authorize personal training services. Under federal law (TILA), unauthorized charges must be removed.

Want to share a win. After reading this thread, I sent a demand letter to my gym citing GBL 627 and threatening AG complaint. They had charged me $359 over 4 months after cancellation. Got a call from their "retention specialist" within 48 hours offering full refund.

The specific law citations make a huge difference. They know they're violating the law and don't want it documented.

Question about timing - how long does the AG typically take to respond? Filed my complaint 3 weeks ago and haven't heard anything.

AG response times vary. The business usually responds to the AG faster than the AG responds to you. What typically happens:

1. AG sends copy of complaint to business (1-2 weeks)
2. Business has 30 days to respond to AG
3. AG reviews response and may contact you (2-4 weeks after business responds)

But many businesses resolve the issue directly with you once they get the AG letter, so check your email/mail from the gym.

Chiming in from upstate - for those outside NYC, you can also file with your local consumer protection office. Westchester, Nassau, and some other counties have their own consumer affairs departments that can help put pressure on businesses.

This thread is incredible. Just used the advice here to get $240 back from Equinox after they charged me for 2 months post-cancellation. The magic formula was: (1) certified mail cancellation, (2) credit card dispute with documentation, (3) AG complaint with timeline and evidence.

They settled within 2 weeks of the AG complaint going in. Thank you all!

Great to see all these success stories! Key takeaways for anyone finding this thread:

• Know your rights under NY GBL Article 30
• Always cancel via certified mail with return receipt
• Document everything - screenshots, statements, emails
• File AG complaint early - it's free and effective
• Don't accept "that's our policy" as an answer
• Small claims court is a viable option for larger amounts

New York has strong consumer protection laws. Use them.