Gym Charged Me After Cancellation - Texas (55 replies)

I cancelled my LA Fitness membership at the Galleria location in Houston back in May. Did everything right - went in person, filled out the form, got a stamped copy.

They charged me for June, July, and now August billing just hit. That's $135 x 3 = $405 in unauthorized charges. Called corporate 4 times, went back to the gym twice. Each time they say it's being "escalated" but nothing happens.

What are my options under Texas law? I keep hearing about something called the Texas Health Spa Act - does that help me here?

Texas attorney here. You actually have strong protections under TWO Texas laws:

1. Texas Health Spa Act (Tex. Occ. Code Chapter 702):

• Gyms must honor written cancellation requests
• 3-day right to cancel any new contract
• Can cancel if gym relocates more than 10 miles from original location
• Health spas must maintain a security bond - you can make a claim against it

2. Texas Deceptive Trade Practices Act (DTPA - Tex. Bus. & Com. Code Chapter 17):

• Continuing to charge after valid cancellation is a deceptive practice
• DTPA allows for actual damages, AND
• Up to 3x (treble) damages if the conduct was knowing or intentional
• Attorney's fees are recoverable if you win

So your $405 could become $1,215+ if they knowingly kept charging you after cancellation. Send a demand letter citing both statutes.

@Dallas_ConsumerLaw - Treble damages sounds serious. How do I prove they "knowingly" kept charging me?

I have my stamped cancellation form from May, plus I've called 4 times and they acknowledged the cancellation each time but said billing "couldn't be stopped."

That's actually helpful evidence. Under Texas case law, "knowing" conduct is established when:

1. They were informed of the cancellation (you have the stamped form)
2. They acknowledged the cancellation (your 4 phone calls)
3. They continued to charge anyway

The fact that they said billing "couldn't be stopped" after acknowledging the cancellation suggests they knew what they were doing. That's the definition of knowing conduct under DTPA Section 17.50(b)(1).

Document those calls - did you get any confirmation numbers or names of reps you spoke with? If you're in Texas (one-party consent state), you can legally record future calls without telling them.

Had the same issue with Gold's Gym in Austin last year. Here's what worked for me:

1. Filed a complaint with the Texas Attorney General online (took 15 minutes)
2. Sent a certified demand letter to Gold's corporate citing the DTPA and threatening treble damages
3. Disputed charges with my credit card company (Chase)

Got a call from Gold's "member resolution team" within 10 days. Full refund plus $100 "goodwill credit." They did NOT want that AG complaint going anywhere.

Texas AG complaint form: texasattorneygeneral.gov/consumer-protection

Planet Fitness in Fort Worth pulled this on me too. They have a special cancellation policy where you have to either cancel in person OR send a certified letter. They don't accept phone or email cancellations.

Check your membership agreement - most Texas gyms bury the cancellation procedure deep in the contract. If you followed their stated procedure and they still charged you, that's a clear DTPA violation.

Pro tip: Texas one-party consent means you can record your in-person cancellation on your phone. I recorded the employee stamping my form. That video saved me later when they claimed I "never came in."

UPDATE: Sent a certified demand letter to LA Fitness corporate in Irvine, CA. Cited both the Texas Health Spa Act (Tex. Occ. Code 702) and the DTPA. Specifically mentioned treble damages and that I would file with the Texas AG if not resolved in 14 days.

Also filed the TX AG complaint online today. Attached copies of my cancellation form, bank statements showing the charges, and a summary of my phone calls.

Will update when I hear back. Fingers crossed the DTPA threat works.

@Houston_FitnessFraud - the DTPA threat is serious business in Texas. Most companies settle rather than risk treble damages.

I work in corporate compliance for a retail company in San Antonio. When we get DTPA demand letters, they go straight to legal for immediate review. The potential liability is too high to ignore.

Your strategy of demand letter + AG complaint is the right approach. LA Fitness corporate definitely has a Texas-specific compliance team that deals with these.

Former LA Fitness manager in Houston here (left last year). Throwaway account for obvious reasons.

The "billing can't be stopped" line is BS. Managers have the ability to stop billing immediately in the system. What they DON'T have is the incentive - cancellation rates affect bonuses and regional rankings.

When someone mentions the DTPA or Texas AG, we were trained to escalate immediately to "Member Services Corporate." That's the team that actually fixes things. The magic phrase is "I'm filing a DTPA complaint."

Also, LA Fitness has a Texas-specific settlement fund for exactly these situations. They'd rather pay you quietly than deal with AG scrutiny.

FINAL UPDATE: Got a call from LA Fitness "Executive Member Services" yesterday - 12 days after sending my certified letter.

They apologized for the "billing system error" (sure...) and offered to refund all three months ($405). I pushed back and mentioned the DTPA treble damages provision and my AG complaint. They then offered $500 total as a "resolution" - basically $95 extra for my trouble.

I accepted. Money hit my account this morning. Also got written confirmation that my membership is fully cancelled with no further charges.

The DTPA mention was definitely the key. Thanks everyone, especially @Dallas_ConsumerLaw for the legal breakdown!

Found this thread while dealing with my own 24 Hour Fitness nightmare. They charged me $49.99/month for SIX months after I cancelled at the Preston Road location in Dallas. That's $299.94.

Going to try the same approach - certified letter with DTPA citations + TX AG complaint. Will report back.

Question for @Dallas_ConsumerLaw - do I need to send the demand letter before filing with the AG, or can I do both simultaneously?

@Dallas_TreadmillTrouble - You can do both simultaneously. There's no legal requirement to send a demand letter before filing an AG complaint.

However, the DTPA does have a specific notice requirement if you plan to sue. Under DTPA Section 17.505, you must give the defendant 60 days written notice before filing a lawsuit. The demand letter serves this purpose.

For the AG complaint, no pre-notice is required. File immediately - it creates a paper trail and puts pressure on the company.

Pro tip: Send your demand letter via USPS Certified Mail with Return Receipt Requested. Keep the green card when it comes back - that's proof they received it.

Virtual card tip for fellow Texans: I use Privacy.com for ALL gym memberships now. When you cancel, just delete the virtual card number. They literally cannot charge you.

Used this with my Equinox membership in Austin. Cancelled in person, got confirmation, then paused the Privacy card. They tried to charge me the next month - declined. No drama, no disputes needed.

Obviously still document your cancellation properly in case they try to send you to collections, but the virtual card stops the bleeding immediately.

Adding my experience with Anytime Fitness in Katy (Houston suburb). They charged me $39/month for 5 months after cancellation = $195.

What made mine complicated: I cancelled at one location, but my membership was technically registered at a different Anytime Fitness (franchise model). They blamed each other for weeks.

Finally sent a DTPA demand letter to BOTH the local franchise owner AND Anytime Fitness corporate. The franchise owner called me personally within 3 days, apologized, and refunded everything plus gave me 2 months free if I ever wanted to come back (no thanks!).

For franchise gyms, always send the demand letter to both the local owner AND corporate.

For anyone considering small claims in Texas, here's what you need to know:

Texas Justice Court (Small Claims):

• Handles claims up to $20,000 (increased from $10,000 in 2020)
• Filing fee: $75-$100 depending on county
• No lawyer required (and honestly not recommended for small amounts)
• Most cases heard within 30-60 days of filing

I filed against Crunch Fitness in San Antonio for $480 (8 months x $60). Added $480 in DTPA damages for a total claim of $960.

They didn't show up. Default judgment in my favor for the full amount. Took maybe 2 hours total of my time including the court appearance.

Texas Health Spa Act deep dive for those interested:

Tex. Occ. Code Section 702.302 (Cancellation Rights):

• 3-day right to cancel any new contract without penalty
• Can cancel if facility permanently closes
• Can cancel if gym relocates more than 10 miles
• Can cancel if you become disabled (with doctor's note)

Section 702.401 (Surety Bond):

• Gyms must maintain a $20,000 surety bond
• You can make a claim against this bond for damages
• Bond info should be available through Texas Secretary of State

The bond claim is a lesser-known option but can be effective for smaller amounts where the gym is unresponsive.

SUCCESS with Amex chargeback! Planet Fitness Plano charged me $22.99/month for 7 months after cancellation = $160.93.

Here's what worked:

1. Called Amex, explained the situation
2. Uploaded my cancellation confirmation through their app
3. Mentioned I had filed a Texas AG complaint
4. Provisional credit within 48 hours
5. Planet Fitness contested it, Amex sided with me

Amex was amazing. They basically told Planet Fitness to prove I authorized the charges, which they couldn't do. Full refund in about 3 weeks.

SUCCESS STORY: Just got $720 back from 24 Hour Fitness after 8 months of unauthorized charges ($90/month for their premium tier).

My approach:

1. Certified demand letter citing DTPA Sections 17.46 and 17.50 - specifically the treble damages provision
2. Texas AG complaint filed same day as letter sent
3. BBB complaint (surprisingly effective in Texas)
4. Negative reviews on Google and Yelp mentioning the billing issue

Got a call from their "Executive Resolution Team" within 8 days. They offered full refund plus $150 "goodwill payment" if I would update my reviews. I accepted.

Total recovered: $870. Time invested: Maybe 4 hours total. The DTPA is a powerful tool, Texans - use it!

Trial attorney in Houston jumping in with some additional DTPA context:

The DTPA is one of the most powerful consumer protection laws in the country. Key things Texas consumers should know:

• Treble damages: If conduct is knowing, damages can be tripled. If intentional, add mental anguish damages too.
• Attorney's fees: Prevailing consumers can recover attorney's fees. This makes it economical for lawyers to take smaller cases on contingency.
• No minimum damage requirement: Unlike some states, Texas has no minimum. You can sue for $50 if you want.
• 60-day notice: You MUST send written notice 60 days before filing suit. Use certified mail.

For amounts over $500, consider consulting with a consumer protection attorney. Many (including my firm) take these on contingency because of the attorney's fees provision.

Documentation checklist for Texas gym cancellations (learned the hard way):

1. Take a selfie at the gym front desk with visible timestamp
2. Record the cancellation conversation (Texas is one-party consent)
3. Get stamped/signed cancellation form - photograph it immediately
4. Send follow-up email to gym same day: "Confirming my cancellation today at [location]..."
5. Screenshot your payment method on file (card ending in XXXX)
6. Set calendar reminder for next billing cycle to check for charges
7. If sending certified letter, keep the green return receipt card

Yes, this seems excessive. But after reading this thread, I'm not taking any chances.

UPDATE on my 24 Hour Fitness situation from August:

Sent certified letter on Aug 14. Filed TX AG complaint on Aug 15. Heard nothing for 3 weeks.

Then got a form letter from 24 Hour saying they were "investigating." Another 2 weeks of nothing.

Finally called and asked to speak to "Executive Resolution" (tip from @Houston_GymInsider). Transferred immediately. Rep apologized, said my account showed cancellation from April but billing "didn't sync." Full refund of $299.94 processed that day.

Key lesson: Don't wait for them to act. Call back and escalate to Executive Resolution directly.

Adding to @Houston_Trial_Lawyer's DTPA breakdown - there's a specific section that's golden for gym billing cases:

DTPA Section 17.46(b)(5): "representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have"

When a gym represents that your membership is cancelled but continues billing, they're representing the service (cancellation) was completed when it wasn't. That's a per se DTPA violation.

Also relevant: Section 17.46(b)(12): "representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve"

Include these specific citations in your demand letter. They show you know the law and aren't bluffing.

Equinox in Dallas tried to pull this on me. $295/month (yes, their "All Access" tier) for 4 months after cancellation = $1,180.

Their excuse? My cancellation was "pending review by membership services." For FOUR MONTHS.

I didn't mess around. Sent DTPA demand letter demanding $3,540 (treble damages). They called within 5 days offering full refund. I pushed back - "I've already invested time in this, and the DTPA entitles me to more." Settled for $1,500.

Don't be afraid to negotiate. The DTPA gives you leverage. They know that if it goes to court and you prove knowing conduct, they're liable for 3x plus your attorney's fees.

Credit card dispute tips for Texans:

When you dispute, tell your card company it's for "services not received after cancellation" - NOT fraud. Fraud has different requirements and can actually hurt your case.

Best cards for gym disputes in my experience:

1. Amex: Almost always sides with cardholder, aggressive protection
2. Discover: Very consumer-friendly, easy online process
3. Capital One: Good but slower
4. Chase: Hit or miss, depends on the rep
5. USAA: Excellent for military families in Texas

Upload your cancellation docs through their portal. Most banks have 60-120 day windows, so don't wait.

UT Austin area warning: Multiple gyms near campus specifically target students who leave for summer/graduation and "forget" to cancel.

Gold's Gym on Guadalupe charged me for 4 months after I graduated and moved to Houston for residency. They said I had to cancel "in person at my home gym" - impossible since I was now 160 miles away.

Sent a certified letter citing the Texas Health Spa Act provision about relocation (I relocated 160+ miles). They tried to argue that provision only applies when the GYM relocates. I responded that their contract didn't specify that, and ambiguous contract terms are construed against the drafter under Texas law.

They folded. Full refund within 2 weeks.

Don't overlook the BBB for Texas gym disputes. I know people dismiss it as toothless, but big gym chains actually care about their BBB rating.

Filed a BBB complaint against Fitness Connection in Houston. They responded within a week offering a full refund to "resolve the complaint satisfactorily."

I think Texas franchises particularly care because BBB ratings affect their ability to sell new franchise licenses. Corporate tells franchisees to resolve BBB complaints quickly.

It's free and takes 10 minutes. Worth trying alongside the AG complaint.

WARNING about collections: Some gyms will send you to collections for "unpaid dues" even after you cancelled and disputed the charges.

If this happens in Texas:

1. Send a debt validation letter within 30 days (Texas Finance Code Chapter 392)
2. Dispute the debt in writing with the collection agency
3. File a complaint with the Texas Office of Consumer Credit Commissioner
4. If they report to credit bureaus, dispute with all three bureaus

Collections agencies attempting to collect invalid debts also violate the Texas Debt Collection Act (TDCA) and the federal FDCPA. Both allow for statutory damages.

Keep ALL your cancellation documentation forever. You might need it years later.

Great point by @SanAntonio_Collections. Adding some Texas-specific collection info:

Texas Debt Collection Act (Tex. Fin. Code Chapter 392):

• Prohibits collecting debts the collector knows are not owed
• Prohibits misrepresenting the amount or status of a debt
• Allows for actual damages, statutory damages, and attorney's fees

If a gym sends you to collections for a debt you don't owe (because you properly cancelled), both the gym AND the collection agency may be liable under the TDCA.

Also, if anyone needs a template demand letter for Texas gym cancellation disputes, the gym demand letter generator on this site includes Texas-specific DTPA citations. Worth customizing for your situation.

Social media worked for me when nothing else did.

Orangetheory Austin charged me $189/month for 3 months after cancellation ($567). Emails ignored, phone calls got nowhere, certified letter got a form response.

Posted on Twitter/X tagging @Orangetheory, @TexasAG, and my local news consumer reporter. Within 4 hours, Orangetheory's social media team DMed me. Full refund processed by end of day.

Companies hate public shaming. Sometimes the fastest resolution is making noise where their customers can see it.

This thread has been incredibly helpful. Summary of what works in Texas based on all these comments:

Prevention:

• Use virtual card numbers (Privacy.com, etc.)
• Record your cancellation (Texas is one-party consent)
• Get stamped documentation, photograph everything
• Send follow-up email same day

Recovery:

• Certified demand letter citing DTPA + Health Spa Act (70%+ success rate)
• Texas AG complaint (texasattorneygeneral.gov)
• Credit card dispute (Amex/Discover best)
• BBB complaint (surprisingly effective)
• Small claims in Justice Court (up to $20K, ~$75-100 filing fee)
• Social media pressure as last resort

The DTPA treble damages threat is uniquely powerful in Texas. Use it!