Boston Sports Clubs Sued For Collecting Fees During Shutdown

Members of Boston Sports Clubs have sued the gyms' parent company, Town Sports International, over its continued collection of monthly dues during the coronavirus shutdown. The suit, filed in U.S. District Court Sunday, accuses the company of showing "unconscionable corporate avarice" by charging its members and not providing them with a clear path to cancellation while the gyms are closed, the Boston Globe reported.

The Massachusetts Attorney General's office told Patch Friday it has received more than 100 complaints about the company. The office has struggled to get in contact with the club, and Attorney General Maura Healey tweeted Monday she has sent a letter demanding they fix their cancellation system.

Boston Sports Clubs, like other gyms across the state, closed all of its locations March 16 following Gov. Charlie Baker's initial set of social distancing orders.

That same week, it laid off its club-level workers. But since mid-March, the chain's only communication with members has been in the form of two emails from Patrick Walsh, CEO of Town Sports International.

In the first email, dated March 26, Walsh wrote that once the gyms were up and running again, the company would "handle all of your concerns, including credits to your memberships, and personal training sessions." Walsh sent a follow-up email March 31, in which he more directly addressed concerns from members regarding their dues.

"I want to reassure you that, as previously promised, we will issue credits to your accounts and address all membership-related concerns once our gyms are operating," Walsh wrote. He said Town Sports would start offering exercise streaming to all members on the Plankk app starting April 1, and members that stuck with the company through the public health crisis would automatically be upgraded to Passport-Elite memberships, valued at $600-$700, through the end of 2020.

Those who wish to freeze their memberships may reach out to MemberHelp@tsiclubs.com, according to Walsh. Some members told Boston.com they emailed the address and received no response, while others said they were charged their monthly dues on April 1.

Boston Sports Clubs' cancellation policy states that members may "initiate the cancellation in person at any club location or by sending a cancellation request by Certified Mail to the club or the Member Services department." The policy does not provide an address for the Member Services department.

Healey's office said BSC members should have the right to cancel their memberships if a gym is not operating, and given the public health emergency, the company should provide an email option. Members should not be charged a cancellation fee and should be refunded anything they've been charged since the gyms closed, according to Healey.

In an email to Patch, Healey's office wrote that it is "disappointed that the company has yet to provide notice to consumers about their right to cancel their memberships."

Town Sports is also facing a class action lawsuit in New York City for making it "virtually impossible" for more than 600,000 New York Sports Clubs members to cancel their memberships, the suit alleges.

Previously: Complaints Mount Against Boston Sports Clubs During Shutdown