Can a US gym keep charging me after I cancel?
No. Once you provide valid written notice of cancellation, any subsequent charges are unauthorized. In the United States, gym contracts are regulated at the state level. States including California, New York, and Florida impose strict cancellation rights and require gyms to process cancellations within a specified number of days. The FTC Negative Option Rule updated in 2024 also requires subscription services to make cancellation as easy as sign-up. If a gym continues billing after valid written cancellation, you can sue in small claims court to recover every unauthorized charge plus your filing costs.
Are gym early termination fees enforceable in the US?
Enforceability depends on your state and the specific contract language. Courts allow reasonable early termination fees that reflect actual damages from breaking the contract. However, if you cancelled because the gym breached its own obligations — closed a location, reduced services significantly, moved beyond a reasonable distance — many states permit you to exit without penalty. File complaints with your state Attorney General's consumer protection division and the FTC in addition to pursuing your small claims case.
What documentation do I need to win a gym refund case?
To prevail in small claims court, bring your original membership contract, written cancellation notice with timestamp, bank or credit card statements showing unauthorized post-cancellation charges, any responses from the gym acknowledging or disputing your cancellation, and a clear timeline of events. If you cancelled in person, a written statement from a witness who was present strengthens your case considerably. Courts have processed many gym-cancellation cases and respond well to organized, chronological documentation that clearly shows the date of cancellation versus the date of continued billing.
How long do I have to file a gym overcharge claim in the US?
For written contract disputes, the statute of limitations is typically 4 to 6 years depending on your state: 4 years in California, 6 years in New York, 5 years in Florida. For month-to-month recurring charges, each unauthorized charge may start its own limitations period, meaning recent charges are always actionable even if older ones have expired. File promptly — courts are more sympathetic to claimants who acted quickly and documented the dispute at the time it occurred rather than months or years later.
Can I report the gym to a government agency instead of suing?
Yes, and you should do both. File complaints with your state Attorney General's consumer protection office and the Federal Trade Commission at reportfraud.ftc.gov. For credit card charges, file a dispute with your bank or card issuer. These regulatory complaints may prompt investigation and even refunds through agency action, but they do not guarantee monetary recovery for you specifically. Small claims court is the direct legal path to getting your money back. File with regulators and sue concurrently for the best overall outcome.