Fitness clubs, play by rules or prepare for legal throwdown with Washington AG Ferguson
Internet scammers and landlords who ignore state no-eviction orders aren’t the only ones being closely watched by the Washington Attorney General’s office during the coronavirus crisis.
Some gym and exercise clubs have been playing fast and loose with the rules, too, continuing to charge membership dues and fees and making it hard for members to cancel.
Dozens of people have filed complaints, including at least four in Pierce County, according to Attorney General Bob Ferguson. He sent an open letter to fitness businesses this week, advising them of their responsibilities under Washington law.
Members are allowed to cancel contracts at any time, no questions asked, Ferguson said, provided the request is in writing. (Though nothing prevents club owners from accepting cancelations by phone — a nice option during a pandemic.)
Refunds must be sent within 30 days. If businesses pressure members to accept credit for future club use instead of cash, they’re violating the law.
As he should, the AG is threatening to use legal muscle if gyms don’t comply. Under the Washington State Consumer Protection Act, Ferguson can seek penalties up to $2,000 per violation plus consumer restitution and reasonable attorney fees.
Ouch. And we thought three sets of thigh-burning squats hurt.
Dealing with gym fees is the last thing people should have to worry about when trying to hold things together during these chaotic times.
More than 585,000 Washingtonians sought unemployment benefits last week. They shouldn’t have to pay for facilities and services they can’t use. Customers won’t soon forget if someone did them wrong during a pandemic. Club managers should help people get refunds without breaking a sweat.
One of the region’s largest fitness providers, the nonprofit YMCA of Pierce and Kitsap Counties, set a fine example by automatically suspending member dues as of April 1. The Y also offers an online avenue for people to support its child care program for health care workers and first responders. That’s a nifty way for gym rats to use their fitness money for a good cause.
No one in Washington has been allowed to go to the gym since March 23 when Gov. Jay Inslee ordered all non-essential businesses to close. Fortunately, it coincided with a long stretch of great weather. Never have we needed the anxiety-decreasing, immunity-supporting benefits of exercise like we do now.
Applause is owed to many gym and yoga studios for getting creative during the shutdown. From virtual Zoom classes to online personal fitness, the industry is doing all it can to recoup lost dollars while helping some of us lose weight caused by stress eating and binge watching.
Like most businesses, the fitness industry has taken a huge financial hit from mandatory closures. It’s unfortunate that Congress didn’t include provisions specific to gyms when it passed the Coronavirus Aid, Relief, and Economic Security Act in March. Many of these businesses are falling through the cracks when it comes to receiving financial help. It’s why many are asking customers to “freeze” memberships, rather than cancel them.
But, hey, the news isn’t all grim: The fitness industry is included in the first phase of President Trump’s plan to reopen the country, which is slightly surprising; sweaty surfaces and shared equipment don’t seem conducive to defeating a highly infectious disease.
Whenever that day comes, exercise establishments will have to win consumer confidence. Increased sanitation practices, limited class sizes and hand sanitizer at every weight station will help.
Gyms will have their work cut out for them when life returns to a new normal; meantime, they have to play by the rules like the rest of us, or face the wrath of state lawyers.
Like most of the economy, they have to feel the burn.
This story was originally published April 23, 2020 at 2:00 PM.