How to Fight Unfair Gym Fees

How to Fight Unfair Gym Fees & Membership Scams (Step-by-Step Guide)

Why This Guide Matters

Many commercial gyms offer trial promotions with hidden conditions, making it difficult to cancel before charges begin. If you’ve ever signed up for a gym trial, tried to cancel, and ended up charged anyway, you’re not alone.

This guide will show you:
✅ How to find out who legally owns the gym you’re dealing with
✅ How to serve legal papers to the right entity if they refuse to cancel
✅ How to file a small claims case and win

⚠️ This is not legal advice—just an informational guide based on real experience.Step 1: Identify the Legal Business Entity

The gym you signed up for is likely just a trade name, meaning it’s not an actual company. You need to find out who owns it legally to ensure you’re dealing with the right entity when filing a complaint or lawsuit.

Here’s how to do that:

🔎 Search the Business Name in Your State’s Registry

Every registered business must file with the Secretary of State (SOS) in the state they operate.

✅ Find your state’s business search here:
National Association of Secretaries of State (NASS) Business Search Tool

What to Look For

• LLC or Corporation Name → This is the legal entity that owns the gym.
• Registered Agent (RA) → This is the person or company responsible for receiving legal documents.
• Business Address & Officers → Helps you determine who actually runs the business.

🔹 Example(Fictional Businesses):

• Gym Name: Elite Performance Fitness (trade name)
• Legal Owner: MetroFit Enterprises, LLC
• Registered Agent: FitVenture Holdings, LLC

If the ownership looks layered or confusing, that’s intentional—businesses sometimes use this strategy to make it harder for customers to hold them accountable.

Step 2: Attempt to Cancel in Writing

Before taking legal action, always try to cancel in writing and document everything.

✅ Best cancellation methods:

1. Email the company (keep screenshots).
2. Send a certified letter to the corporate headquarters or Registered Agent (if available).
3. Call and record the date/time of the call.

💡 Pro Tip: Always ask for a written confirmation of cancellation. If they refuse, that’s your first sign that they may try to continue billing you.

Step 3: File a Complaint (If Needed)

If the gym is ignoring your requests or still charging you unfairly, file a formal complaint before escalating to court.

✅ Where to file a complaint:

• Your state’s Attorney General’s Office – Find yours here
• Better Business Bureau (BBB) – Submit a complaint
• Federal Trade Commission (FTC) – Report deceptive practices

If they don’t respond within 14 days, you can move forward with a small claims lawsuit.

Step 4: File a Small Claims Case

If your gym refuses to refund unfair charges or cancels your membership after multiple attempts, you can sue them in small claims court.

✅ What You Need to File:

1. The legal business name & Registered Agent (from Step 1)
2. Proof of your cancellation attempts (emails, receipts, phone logs)
3. The amount you’re suing for (unfair charges + any court fees)

✅ How to File in Your State:

• Go to your county’s small claims court website or visit the Clerk of Court in person.
• Fill out the Claim Affidavit (each state has a different version).
• Pay the filing fee (usually $20–$75).

🔹 Find Your Local Small Claims Court Here:
Small Claims Court Finder by State

Step 5: Serve the Gym With Legal Papers

After filing, you must officially notify the gym of the lawsuit by serving them the papers.

✅ Ways to Serve Legal Papers:

1. Certified Mail (Restricted Delivery) – Cost: ~$7–$15
2. Sheriff or Private Process Server – Cost: ~$30–$100
3. Court Clerk (some states offer in-house service options)

⚠️ You cannot serve the papers yourself. It must be done by an approved method.

Step 6: Present Your Case in Court

If the gym doesn’t settle before court, you’ll need to prove your case before a judge.

✅ What to Bring to Court:

• Your contract/trial offer details
• Emails and proof of cancellation attempts
• Business registration details (to prove who is responsible)
• Any correspondence with the gym or billing department

💡 Most cases settle before trial. If the business knows you properly filed against the right entity, they’ll often issue a refund before appearing in court.

Step 7: Enforce the Judgment (If You Win)

If you win in small claims court and the gym still doesn’t pay, you can enforce the judgment through:

1. Wage garnishment (if applicable in your state)
2. Bank account levy (court order to freeze funds)
3. Lien against the business (for larger cases)

If they ignore the judgment, go back to court to request enforcement assistance.

Final Thoughts: The Bigger Issue With Gym Memberships

Most gym chains rely on difficult cancellation policies to lock in revenue. Instead of offering transparent, flexible memberships, they use:

• Confusing promotional terms
• Multi-layered corporate structures to avoid accountability
• Billing practices designed to keep customers paying longer than expected

🔹 What Gyms Should Do Instead:

• Offer clear, upfront cancellation policies
• Make it easy for members to cancel (without having to “call corporate”)
• Engage in the community instead of running short-term promotions

If more consumers understand their rights and take legal action, gyms will be forced to change these shady practices.

🚀 If you found this guide helpful, share it with someone struggling to cancel a gym membership!