What’s Happening: The Governor of New York is considering signing a bill that would require fitness facilities to allow cancelation of memberships from a website and non-certified mail even when consumers do not enter into agreements online. In addition, these conditions apply even if the consumer is not billed directly by the facility.

Why it Matters: 
Passage would require changes to cancelation disclosures, introduce a difficult compliance framework regarding cancelation by non-certified mail, and force facilities to invest in a website cancelation option if they don’t currently provide one.

H&F Impact Analysis: Without additional amendments, the bill will create costs for fitness facilities which may have to re-work contracts and systems which have already been changed by prior legislation, and produce an unworkable compliance framework for responding to non-certified mail.

What We’ve Done: We have provided amendments for this bill to the sponsor and the Lieutenant Governor’s office. These amendments clarify that mail cancelation must be conducted through trackable mail, phone cancelation must be done through the facility location where the agreement was originally entered, and a website cancelation option should not be imposed.

What We’re Doing: We are engaged with the Governor’s Counsel and Legislative Staff to change the bill and protect the industry.

How You Can Help: Take action by sending an email urging your elected officials to support protecting the Health & Fitness Industry by halting this legislation until additional amendments are adopted.