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Home Crime

Schneiderman announces settlements with LA Fitness, Planet Fitness

Evan Fallor by Evan Fallor
April 15, 2016
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Attorney General Eric T. Schneiderman said Thursday his office has reached settlements with 96 health club operators across the state after an investigation found they had violated New York’s Health Club Services Law and General Obligations Law.

In a release, Schneiderman named Planet Fitness, LA Fitness, Curves and Gold’s Gym, as well as other regional gyms, in a settlement after an investigation that found they failed to make required disclosures to customers and included unlawful liability provisions in their contracts. As a result of the settlement, the gyms agreed to modify their contracts to comply with state law and to also pay undisclosed penalties and fines.

Newington, NH-based Planet Fitness operates five locations in Westchester County; Irvine, Calif.-based LA Fitness –a division of Fitness International, LLC — has two gyms in Port Chester and Yonkers; and Carlsbad, Calif.-based Curves has two locations in Thornwood and Yorktown Heights. Gold’s Gym does not have any Westchester locations, but operates a club in Dutchess County.

Other area health clubs listed in the settlement include Balance Health and Sports in Elmsford; Club Fit locations in Briarcliff and Jefferson Valley; All Sport Health and Fitness in Fishkill; Retro Fitness in New City; Saw Mill Club in Mount Kisco; and Snap Fitness in Warwick.

According to New York’s Health Club Law, no gym contract can exceed $3,600 per year or for be longer than 36 months; all contracts are cancelable within three days of their signing.

Customers are also allowed to cancel at any time if they move 25 miles from any location operated by the health club or if they provide a doctor’s note proving they have sustained a physical injury or disability for more than six months. Health clubs are also required to provide refunds within 15 days of such cancellations.

“Many people opt to sign up for a gym membership in January – and then, you hope, actually go to the gym,” Schneiderman said. “Today my office announced settlements with dozens of health clubs across the state to ensure members are treated fairly and clubs comply with state law.”

Schneiderman said his office’s investigation into health clubs’ compliance with state laws is ongoing. January marks the highest month of the year for new health club enrollment, he added.

In November, Planet Fitness settled with Schneiderman’s office and agreed to pay $50,000 in penalties and fines after an investigation into its allegedly illegal tanning practices. As a result, the company does not offer unlimited tanning as part of its black-card membership.

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