BOSTON — Boston Sports Club says its committed to immediately stop billing members while gyms remain closed for the duration of the COVID-19 pandemic.
Massachusetts Attorney General Maura Healey secured the commitment from the fitness chain on Friday after a series of complaints from members indicated the gym continuously charged them, despite a shelter-in-place advisory issued by state government, effectively closing all non-essential businesses.
Since closing down all of its locations across the state on March 16, the AG’s office said they received more than 920 complaints from members who have tried and failed to cancel their contracts with BSC.
Members reported they called the gym, emailed and sent social media messages to BSC, but received no response. Consumers also alleged BSC continued charging them for memberships they couldn’t use due to the shelter-in-place advisory, even after they asked to cancel them.
BSC’s commitment comes as a result of a demand letter sent last week by the AG’s office to Town Sports International Holdings Inc., the parent company of BSC. The letter states BSC misled it’s members about their right to cancel they membership and continued charging members who tried to cancel, thus violating Massachusetts’ consumer protection laws.
Members will also be allowed to cancel their memberships without paying a fee or penalty.
“We’re pleased that BSC has committed to our office that it will stop charging members while its clubs are closed and to allow members to cancel without paying a fee or penalty, as required by state law,” said AG Healey. “We’ll be watching closely to make sure the company does right by its clients going forward.”
As part of the commitment, BSC will stop all billing effective immediately until its allowed to re-open clubs by placing a no-cost freeze on all member accounts, provide additional membership access equal to the number of days paid while the clubs are closed, allow members to cancel by sending a request through their club’s website, and waive all cancelation fees through April 30, 2020.
They will also be offering free, online workouts for members who want to stay active during the quarantine and has offered to provide upgrades for BSC members once their clubs reopen. Current members can opt for either canceling or freezing their memberships.
Under Massachusetts law, consumers have a right to cancel a contract with a health club when the club “substantially changes the operation of the health club or location.” The indefinite closure of all BSC clubs as a result of the COVID-19 epidemic qualifies as a “substantial change” and gives BSC’s members the right to cancel their contracts.
Anyone with further questions is encouraged to reach out to the AG’s consumer hotline at 617-727-8400 or file a complaint online.
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