Illinois has introduced enhanced consumer protections with the enactment of Public Act 103-0838, an amendment to the Physical Fitness Services Act that significantly expands the rights of fitness service customers across the state. The new law, which takes effect immediately, provides Illinoisans with greater flexibility and security when signing contracts with gyms and fitness centers.
The amendment, originally presented as House Bill 4911 and passed overwhelmingly by the General Assembly, revises Section 6 of the existing Physical Fitness Services Act. Key provisions of the new law include extended cancellation periods, clearer procedures for contract termination, and stipulations regarding automatic renewals.
Under the revised law, customers now have a three-business-day window to cancel a fitness service contract after signing. This period extends to seven calendar days if the facility has not yet opened for business at the time the contract is signed, or if the contract is not purchased directly at an existing facility. This change aims to give consumers adequate time to reconsider their commitments, ensuring that they can make more informed and confident decisions.
Moreover, the law addresses concerns related to customer relocation. If a customer moves more than 25 miles away from the fitness center and the center cannot provide a comparable facility within the new area, the customer has the right to cancel the contract. The cancellation fee in such cases is capped at the lesser of 10% of the unused balance or $50, ensuring that customers are not unduly penalized for life changes outside their control.
Additionally, the law offers provisions for circumstances involving death or disability. Should a customer be unable to continue using the fitness services due to death or a significant disability, the contract can be terminated with liability only for the portion of services used before the incident. Fitness centers may require reasonable evidence of the death or disability before cancellation is processed.
Importantly, all notices of cancellation must now be delivered in writing, either by certified or registered mail, through the fitness center’s website if the contract was signed online, or via the email address specified in the contract. Furthermore, any refunds due must be issued within 30 days of the cancellation notice receipt, providing clear timelines that benefit the consumer.
The amendment also ensures that any fitness service contracts that automatically renew must comply with the stringent requirements of the Automatic Contract Renewal Act, which seeks to prevent consumers from being bound to unintended long-term commitments.
