The Mayor's Office Sent Warning Letters to 187 Gyms Over Subscription Practices

In 2024, the office of New York City Mayor Eric Adams sent warning letters to 187 gyms across the city, citing complaints about subscription practices that trap members into paying long after they stop using the facility. The letters targeted gyms for practices including charging members without clear consent, making cancellation difficult or impossible to complete online, and continuing to bill after a member requested to stop.

The warnings came after the city's Department of Consumer and Worker Protection received hundreds of complaints from gym members. The complaints fell into patterns: members signed up for a free trial or discounted rate, then found themselves charged full price without clear notice; members tried to cancel online but found no cancellation option; members called to cancel but were transferred between departments or told cancellation required an in-person visit; and members discovered they were still being charged months or years after they stopped going.

The letters did not impose fines or shut down any gyms. Instead, they notified gym operators that their practices may violate New York City's Consumer Protection Law and the federal Restore Online Shoppers Confidence Act (ROSCA), which regulates negative option billing — the legal term for subscriptions that renew automatically and charge a card on file.

Key Takeaways

  • The NYC Mayor's office warned 187 gyms that automatic renewal practices and difficult cancellation methods may violate city and federal law.
  • Common complaints included being charged without clear notice, inability to cancel online, and continued billing after requesting to stop.
  • Federal law (ROSCA) requires that gyms obtain clear, affirmative consent before charging, disclose all material terms before charging, and provide a straightforward cancellation method.
  • If a gym continues to charge you after you cancel, you can file a complaint with the NYC Department of Consumer and Worker Protection or your state's attorney general.
  • Keeping records of your cancellation request — email confirmation, chat logs, or a dated letter — protects you if a dispute arises.

What Federal Law Says Gyms Must Do

The Restore Online Shoppers Confidence Act (ROSCA) sets the baseline for how gyms can charge members. Under ROSCA, a gym must obtain your clear and affirmative consent before charging your card for the first time. That means you must actively agree to the charge — pre-checked boxes or silence do not count. The gym must also disclose all material terms before you consent: the total cost, the frequency of charges, the cancellation terms, and any free trial period.

ROSCA also requires that cancellation be as straightforward as the method you used to sign up. If you signed up online, you must be able to cancel online. If you signed up by phone, you must be able to cancel by phone. A gym cannot require you to visit in person, mail a letter, or jump through extra steps to cancel.

New York City's Consumer Protection Law adds its own requirements. Gyms must provide a written contract that clearly states the membership term, the total cost, the cancellation policy, and any automatic renewal terms. The contract must be given to you before you pay, not after.

Why the 187 Gyms Were Targeted

The city's Department of Consumer and Worker Protection identified patterns in member complaints that suggested gyms were not following these rules. Members reported signing up for a trial membership at a low rate, then being charged the full monthly rate without receiving a notice that the trial was ending. Members reported that the gym's website had no cancellation option, forcing them to call. Members reported that gym staff told them cancellation required an in-person visit or a written letter mailed to a specific address.

Some members reported that after they cancelled, the gym continued to charge their card. Others reported that they were charged for months after their last visit, with no way to know the charge was coming. These practices are common enough in the gym industry that they have become a recognized consumer problem — the Federal Trade Commission has also warned consumers about gym subscription traps.

The warning letters signaled that New York City would enforce its consumer protection law against gyms that use these tactics. The city did not announce which gyms received letters or what specific practices each gym was accused of.

What Happens After a Warning Letter

A warning letter is not a fine or a legal judgment. It is a notice that the city believes a gym's practices may violate the law and an opportunity for the gym to change those practices before the city takes further action. Gyms that receive warning letters are expected to review their billing and cancellation procedures and make changes if needed.

If a gym continues the same practices after receiving a warning letter, the city can file a lawsuit, seek civil penalties, or refer the case to the state attorney general. The city can also issue a cease-and-desist order, which is a legal command to stop the practice when ready. Violation of a cease-and-desist order can result in fines.

However, a warning letter does not automatically mean a gym will face penalties. Some gyms may have already changed their practices, or the city's investigation may have found that the gym was not actually violating the law. The letters were sent to 187 gyms, but the city has not announced how many of those gyms have since changed their practices or faced further action.

How to Protect Yourself From Gym Subscription Traps

Before you sign up for a gym membership, read the contract carefully. Look for the cancellation policy, the renewal terms, and any free trial period. If the contract is not provided before you pay, ask for it in writing. Do not sign up if the gym will not give you a written contract before charging your card.

If the gym offers a free trial, confirm in writing when the trial ends and when you will be charged the full rate. Ask the gym to send you a reminder email a few days before the charge is due. This gives you time to cancel if you change your mind.

When you are ready to cancel, use the same method you used to sign up if possible — if you signed up online, cancel online. Keep a copy of your cancellation confirmation. If you cancel by phone, ask for a confirmation number and write down the date and time of the call. If you cancel by email, send it to the gym's official email address and request a read receipt.

Check your credit card or bank statement for the next two billing cycles after you cancel. If the gym continues to charge you, contact your bank or credit card company and dispute the charge. You can also file a complaint with the NYC Department of Consumer and Worker Protection or your state's attorney general.

Filing a Complaint if a Gym Continues to Charge You

If a gym continues to charge your card after you have cancelled, you have several options. First, contact the gym directly and ask them to stop the charges. Provide them with the date you cancelled and any confirmation number or email you received. Ask them to refund the charges made after your cancellation date.

If the gym does not respond or refuses to refund the charges, contact your bank or credit card company. Tell them you cancelled the subscription and the gym is continuing to charge you without permission. Your bank can dispute the charges on your behalf and may refund the money while they investigate. This process is called a chargeback.

You can also file a complaint with the NYC Department of Consumer and Worker Protection. You can file online at the city's website, by phone, or by mail. Include your membership agreement, proof of cancellation, and copies of the charges made after you cancelled. The city will investigate and may take action against the gym.

If the gym is located outside New York City, you can file a complaint with your state's attorney general or the Federal Trade Commission. The FTC accepts complaints online at reportfraud.ftc.gov.

What Changed After the Warning Letters

The city has not released a public report on how many gyms changed their practices after receiving warning letters. However, the warning letters put the gym industry on notice that New York City is monitoring subscription practices and will enforce the law. Some gyms may have already updated their websites to include an online cancellation option, added clearer disclosures about renewal dates, or changed their billing practices.

The warning letters also raised awareness among gym members about their rights. Members who receive a warning letter from the city may be more likely to check their billing practices and respond to complaints. The city's action may also encourage other cities and states to take similar steps.

However, gym subscription traps remain common across the country. The Federal Trade Commission continues to receive complaints about gyms that make cancellation difficult, charge without consent, or continue to bill after cancellation. If you are considering joining a gym, the warning letters are a reminder to read the contract carefully and keep records of your cancellation request.

Frequently Asked Questions

Can I cancel my gym membership online if the gym says I have to come in person?

No. Federal law (ROSCA) requires that cancellation be as straightforward as the method you used to sign up. If you signed up online, you have the right to cancel online. If a gym requires you to visit in person or mail a letter, that violates federal law. You can file a complaint with the FTC or your state's attorney general.

What should I do if my gym charged me after I cancelled?

Contact your bank or credit card company and dispute the charges. Provide them with proof that you cancelled — an email confirmation, a chat log, or a dated letter. Your bank can refund the charges while they investigate. You can also file a complaint with the NYC Department of Consumer and Worker Protection or the FTC.

Is a free trial at a gym a trap?

Not always, but free trials are common in gym subscription traps. Before you sign up, confirm in writing when the trial ends and when you will be charged. Ask the gym to send you a reminder email before the charge is due. Keep the confirmation email so you have proof of the trial terms if a dispute arises.

Can I get a refund if a gym charged me without my permission?

Yes. Contact your bank or credit card company and dispute the charge. You can also file a complaint with the NYC Department of Consumer and Worker Protection or the FTC. If the gym charged you without clear consent, that violates federal law, and you may be may have access to to a refund plus damages.

What if the gym I want to join is one of the 187 that received a warning letter?

The city has not released the list of gyms that received warning letters. You can ask the gym directly about its cancellation policy and request a written contract before you sign up. Look for an online cancellation option and clear disclosure of renewal dates and charges. If the gym will not provide these, consider joining a different gym.