In the effort today to get fit or stay fit many consumers become “members” of health clubs. However sometimes the contract they enter into is neither healthy nor for a “membership organization”.
If you feel you have become a victim of fraudulent health club practices at your local gym, swimming pool, athletic or sports club and you are a resident of New York State you may have some recourse thanks to the provisions of the General Business Law, specifically Article 30, “Health Club Services” Sections 620 to 631. This law is a powerful shield to assist consumers who have been the victims of fraudulent or deception business practices.
This article, like many of the provisions of the General Business Law are powerful, even if relatively unknown, tools that can be used in the protection of consumer rights which applies to “offering instruction, training or assistance or the facilities for the preservation, maintenance, encouragement or development of physical fitness or well being. Such term shall include but shall not be limited to health spas, sports, tennis, racquet ball, platform tennis and health clubs, figure salons, health studios, gymnasiums, weight control studios, martial arts and self-defense schools or any other similar course of physical training” as defined in Section 621. There are exceptions such as not-for-profit organizations (like the Y.M.C.A.) and public school facilities.
Section 627 of the law provides that contracts violating any provision this article (sections 620-631) are “void and unenforceable” giving the consumer powerful protection that can be easily resolved in Small Claims, NYC Civil Court or County Court. Section 626 provides that deceptive acts and practices are prohibited, including misrepresenting the size and facilities of the club you are joining
There is also a powerful “treble damages” and attorney fee clause for violations in section 628 which allow a judge to award up to three times the actual damages and reasonable attorney fees, if incurred by the plaintiff or claimant. In section 623, it states that contracts cannot be longer than36 months, cannot contain a clause that limits any defenses or waives any claims and the health club cannot charge more than $3,600.
Under the provisions of section 630 the Attorney General of New York State can prosecute violations of the law in addition to the private civil litigation; there are also provisions for a civil fine of up to $2,500 per violation, and violations of section 622-a is a misdemeanor as stated in section 629.
If you think you have been a victim of any deceptive practice by a health club or you feel that their contract has violated any of the provisions of the General Business Law please contact our law office for a free initial consultation to see if we can help you.
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