Chilliwack Gym Faces Penalties For Not Cancelling Contracts – Still Charging Fees

Victoria/Chilliwack  Scott Midgley, the owner of Total Body Fitness, a gym located in Chilliwack, is facing an administrative penalty and compliance order from Consumer Protection BC for violating BC’s consumer protection laws.
Acting on a consumer complaint, Consumer Protection BC opened an investigation and determined the gym was charging fees to a former member who had previously cancelled her contract.

As a result, Total Body Fitness was ordered to pay an administrative penalty of $1,100 for using non-compliant contracts, for attempting to collect money from someone not liable for the debt and for not providing information to a Consumer Protection BC inspector. Total Body Fitness was also issued a compliance order that includes a variety of requirements, including:

 

  • Fix contracts to make sure they include all the information required by law (including consumers’ cancellation rights),
  • Stop collecting fees or charges if consumers exercise their legal rights to cancel their contracts,
  • Stop using contracts longer than 24 months in length (unless properly extended by law),
  • Comply with future Consumer Protection BC investigations or inspections, and
  • Reimburse Consumer Protection BC $500 for partial inspection costs.

“All gym contracts in BC are regulated. Businesses are responsible for making sure their contracts contain certain information and they must honour consumers’ cancellation rights – it’s the law,” says Tatiana Chabeaux-Smith, spokesperson for Consumer Protection BC. “It’s important for gym owners to remember they are required to cooperate with our investigations – there are serious consequences for failing to do so.”

Please click here to view the compliance order and administrative penalty in full. By law, Total Body Fitness has 30 days to request a reconsideration of these decisions.

Tips about fitness contracts (called “continuing services contracts”), recent enforcement actions and other consumer information is available on Consumer Protection BC’s website, www.consumerprotectionbc.ca. Consumers can also call Consumer Protection BC at with questions about BC’s fitness contract laws.

About Consumer Protection BC:
Consumer Protection BC is the regulator for a variety of industries and consumer contracts in BC. We licence and inspect our regulated businesses, respond to inquiries through our Inquiry Centre, investigate alleged violations of consumer protection laws and educate consumers and businesses about their rights and responsibilities under the law. For more information about our organization, please visit our corporate website at www.consumerprotectionbc.ca. You can also follow Consumer Protection BC on Twitter @ConsumerProBC, like us on Facebook and read our blog for valuable consumer tips and resources.

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