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The FTC Ruling on "Click to Cancel" in Fitness Memberships

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Sara Kooperman, JDSara Kooperman, JD

The Federal Trade Commission's (FTC) new "Click to Cancel" rule aims to protect consumers by making it easier to cancel subscriptions online, matching the simplicity of the sign-up process. This regulation, which affects businesses across industries, has particular implications for the fitness sector, where recurring memberships and subscriptions are core components.

Overview of the "Click to Cancel" Rule

The "Click to Cancel" rule mandates that businesses provide simple, online cancellation options that are comparable to the way consumers originally signed up. Fitness businesses must now offer clear, straightforward cancellation methods that align with digital consumer expectations. This change is part of the FTC's broader effort to prevent "dark patterns" that make it difficult for consumers to unsubscribe.

The rule also requires prompt cancellation processing and prohibits barriers that could delay the process. However, it still allows retention efforts, like offering membership freezes or other benefits, if consumers consent to hearing such offers. Importantly, this rule does not require annual reminders for automatic renewals but emphasizes privacy protections throughout the cancellation process.

Key Considerations for Fitness Businesses

Fitness operators need to take several steps to comply with the rule, which goes into effect within 180 days from October 16, 2024:

  1. 1. Simplified Online Cancellation - Fitness centers must ensure that members can cancel online using the same platform or website where they initially signed up. This might require website updates, mobile app improvements or adjustments to third-party management software. It's essential that cancellation options are as easy to access as subscription ones.
  2. 2. Clear Terms and Conditions - Businesses should revise their membership agreements to clearly outline the cancellation process. This includes emphasizing that cancellations can be completed digitally and ensuring that the terms are transparent and straightforward.
  3. 3. Training and Adaptation - Staff need to be trained to handle cancellations in compliance with the new rule. This includes understanding how to offer retention solutions respectfully, only if the consumer is open to hearing them, and avoiding aggressive tactics that could violate FTC guidelines.
  4. 4. Retention Strategies - While fitness businesses can still make retention offers, they must do so only if the consumer opts to hear them. Operators should refine their retention scripts and focus on presenting valuable options like membership pauses, discounts or alternative class formats, ensuring they are communicated efficiently.
  5. 5. Improved Customer Experience - Though this rule may initially seem challenging for member retention, it presents an opportunity to enhance customer trust and satisfaction. Offering clear and hassle-free cancellations can encourage potential members to try services without feeling trapped, potentially boosting initial sign-ups and long-term loyalty.
  6. 6. Compliance Timeline and Penalties - Fitness businesses must comply within 180 days of the rule's effective date (October 16, 2024). Failure to comply could lead to FTC investigations and penalties, making timely implementation critical.

Long-Term Impact on the Fitness Industry

While the "Click to Cancel" rule might increase short-term churn rates, it has the potential to improve overall brand perception and trust. By focusing on transparency, member satisfaction and offering valuable services, fitness businesses can turn compliance into an opportunity for growth.

To prepare, fitness operators should prioritize updating their digital systems, revising contracts and training staff. Treating this rule as a chance to enhance the overall customer experience can lead to stronger long-term relationships and a more positive industry reputation.

Conclusion

The FTC's "Click to Cancel" rule is a significant regulatory shift that demands immediate attention from fitness businesses. By streamlining the cancellation process, improving communication and focusing on customer-centric solutions, fitness operators can stay compliant while strengthening their brand. Ultimately, the rule encourages a more transparent, consumer-friendly approach, which can drive both trust and engagement.

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JLR Associates