Arizona AG asks gyms to forgo in-person cancel policies due to COVID-19

PHOENIX — As gyms across the state shutter to stop the spread of the coronavirus, Arizona Attorney General Mark Brnovich is urging three chains with locations in the state to abandon in-person cancellation policies.

In letters to Life Time Fitness, Mountainside Fitness and Planet Fitness, Brnovich says it’s “problematic” to require an in-person cancellation policy at a time when the gyms are closed due to a health emergency.

Brnovich is asking the gyms to change the policies and alert customers, or preserve all written and electronic materials related to the policy “in anticipation of a possible consumer fraud investigation.”

The gyms are being asked to inform the Attorney General’s Office by Friday if the policy has been changed and provide a copy of the notice sent to customers.

While he did appreciate the steps the gyms have already taken due to the outbreak, such as freezing user accounts or suspending automatic payments, Brnovich says customers should be given the opportunity to cancel remotely.

In addition to the issues posed with in-person cancellations during a national health emergency, Brnovich stated the policy during a normal time may violate the Arizona Consumer Fraud Act.

Arizona Governor Doug Ducey on Monday ordered all Arizona residents to remain in their homes for the next month except for essential needs to limit the spread of the coronavirus.

Physical fitness facilities and gyms were not included in the list of businesses Ducey deemed essential during the stay at home order, which began on Tuesday evening and will run through April 30.

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