Help Me Hank: Health Club Refunds

Dina Miles knew the exercise she got at the office just was not going to get her in shape: not keyboard punching, not phone lifts, not even file drawer pulls.

So she joined a gym near her home in Malden, and used machines actually meant for a workout!

Dina Miles
"I was going to the gym in the morning."

She signed a year long contract, paid $349 in advance, but she only used the machines for 6 months. Then, she moved 40 plus miles away to New Hampshire. Way too far for the Malden gym, but Dina thought: no problem.

Dina Miles
"I read the contract and it said that if a resident moves more than 20 miles away from the nearest facility you can cancel your contract."

As a result, Dina calculated she was owed for 8 months of her unused gym time-- $232!

Hank Phillippi Ryan
"Did it cross your mind that you wouldn't get your money back?"

Dina Miles
"No."

But when Dina called the gym to cancel, the manager told her that was not going to work out.

Dina Miles
"He looked at my file and said you paid in advance and there's no way of us giving your money back. "

Dina said wait: I paid for 12 months of gym, I only used 4 months of gym--you owe me!

Dina Miles
"Bottom line, he said he was wasting his time and he hung up on me."

That's when Dina called "Help Me Hank". We called the club and told them Dina was right:

Massachusetts state law very specifically says that monies paid by the buyer (in) a contract for health club services, which has been cancelled, shall be refunded.

Hank Phillippi Ryan
"I'm sure you're aware of that law."

But the manager told us: he didn't care about the law. We called the owner, he didn't call back. When we faxed them the law, they faxed us that if we came to the club, they'd call the police! But the same fax said that they would give Dina her refund.

And watch Dina now doing her latest workout: powerlifting a big check.

Dina Miles
"I've got money!"

The state's rules for health club contracts are very specific. For more information, log onto the Consumer Affairs web site.

So what battle are you fighting? Maybe I can help!