Crime

Work Out World to refund former BSC customers who were charged without consent, AG says

"At a time when consumers were being strung along by BSC, Work Out World created another hassle for consumers by forcing them to either pay for or cancel gym memberships they never signed up for."

The Boston Sports Club in Somerville's Davis Square in July 2020. Craig F. Walker / The Boston Globe, File

By Susannah Sudborough

2 minutes to read

Local gym Work Out World (WOW) is giving full refunds to claimants who say the gym purchased their Boston Sports Club (BSC) memberships and charged them membership fees for the new gym without their consent as part of a settlement with Attorney General Maura Healey’s office.

The settlement is a part of ongoing litigation Healey’s office is pursuing against BSC, the AG’s office said.

The consent judgment, which was entered in Suffolk Superior Court, alleges that, following BSC’s closure and subsequent bankruptcy during the COVID-19 pandemic, Work Out World in Waltham and Canton improperly assumed over 3,100 BSC memberships without the consumers’ written consent.

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Massachusetts state laws prohibit the transfer of a contract from one health club to another without the written consent of the buyer.

“At a time when consumers were being strung along by BSC, Work Out World created another hassle for consumers by forcing them to either pay for or cancel gym memberships they never signed up for,” Healey said in a news release.

According to the AG’s complaint, BSC did not obtain written consent from members to transfer their gym memberships to WOW, as required by the Commonwealth’s Health Club Act. Upon receipt of the memberships, WOW also did not confirm that consumers had consented to the transfer, according to the AG’s office.

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Additionally, the AG’s office said, WOW sent misleading emails to consumers about their membership status and improperly charged consumers for memberships that they did not agree to.

Under the terms of the AG’s settlement, WOW is required to void any membership contracts obtained from BSC for their Waltham and Canton locations and provide full refunds to any consumers who were wrongfully charged membership fees after their accounts were transferred without their consent.

WOW must also pay $62,500 in penalties. Failure to comply with the terms of the settlement could trigger an additional penalty of $62,500, the AG’s office said.

The AG’s office said it became aware of the membership transfers through its BSC investigation.

In November 2020, AG Healey sued BSC after the company charged consumers for membership dues when the gyms were closed, repeatedly failed to honor consumers’ membership cancellation requests, and refused to refund impacted consumers as it originally promised. 

Consumers with questions about their refunds can contact WOW’s Member Services at 781-785-0168 or contact the AG’s office at 617- 727-8400.

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