{"id":74610,"date":"2016-09-30T10:00:13","date_gmt":"2016-09-30T10:00:13","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=e5d90a1aa395bff2d3618c9045b57900"},"modified":"2016-09-30T10:00:13","modified_gmt":"2016-09-30T10:00:13","slug":"press-release-gym-users-saved-37-million-by-crackdown-on-unfair-contracts","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=74610","title":{"rendered":"Press release: Gym users saved \u00a337 million by crackdown on unfair contracts"},"content":{"rendered":"<div class=\"govspeak\">\n<p>The Office of Fair Trading (<abbr title=\"Office of Fair Trading\">OFT<\/abbr>) urged all gyms to check their contract terms were fair and lawful under consumer protection law, after the High Court ordered Ashbourne Management Services Limited, a gym management company, not to use certain unfair terms in 2011. The case was opened by the <abbr title=\"Office of Fair Trading\">OFT<\/abbr> following complaints from consumers who had signed lengthy membership contracts which they could not cancel.<\/p>\n<p>Following a further <a rel=\"external\" href=\"http:\/\/webarchive.nationalarchives.gov.uk\/20140402142426\/http:\/www.oft.gov.uk\/news-and-updates\/press\/2013\/62-13\">investigation<\/a> by the <abbr title=\"Office of Fair Trading\">OFT<\/abbr> in 2013, 6 other gym operators agreed to give members better cancellation rights and make their contract terms easier to understand and 20 more gyms were warned to review their terms and conditions and ensure that they were fair.<\/p>\n<p>The Competition and Markets Authority (<abbr title=\"Competition and Markets Authority\">CMA<\/abbr>), which has taken on some of the <abbr title=\"Office of Fair Trading\">OFT<\/abbr>\u2019s consumer enforcement powers, has now <a href=\"https:\/\/www.gov.uk\/government\/publications\/unfair-contract-terms-evaluation-of-oft-consumer-enforcement-case\">evaluated<\/a> the impact of the <abbr title=\"Office of Fair Trading\">OFT<\/abbr>\u2019s work and found that around 750,000 gym members have directly benefited from the intervention, and issues raised by consumers about gyms have fallen significantly since 2011.<\/p>\n<p>John Kirkpatrick, <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> Senior Director responsible for the evaluation project, said:<\/p>\n<blockquote>\n<p>We are pleased that the evaluation has confirmed that many gym-goers now enjoy a significantly better experience than they did before the <abbr title=\"Office of Fair Trading\">OFT<\/abbr> started investigating in 2011. Contracts are now usually for no longer than 12 months and they can be cancelled in circumstances such as when a member moves away from the area, loses their job or cannot use the gym because of injury.<\/p>\n<p class=\"last-child\">Our evaluation has shown that the approach taken by the <abbr title=\"Office of Fair Trading\">OFT<\/abbr> has secured lasting change in the sector, brought benefits to consumers and can be applied to future work by the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr>. These consumer benefits were worth around \u00a337 million over 3 years in the gyms investigated by the <abbr title=\"Office of Fair Trading\">OFT<\/abbr> alone, and we think there are wider benefits to gym users across the sector.<\/p>\n<\/blockquote>\n<p>The <abbr title=\"Office of Fair Trading\">OFT<\/abbr>\u2019s intervention has also been followed by innovations such as the rise of \u2018pay-as-you-go\u2019 memberships, as the \u00a32.7 billion-a-year sector competes harder for the existing 8.75 million currently active gym members in the UK.<\/p>\n<p>The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> is committed to ensuring that contracts do not unfairly lock in consumers or prevent them from switching providers, and has worked with a number of sectors including <a href=\"https:\/\/www.gov.uk\/cma-cases\/cloud-storage-consumer-compliance-review\">cloud storage<\/a>, <a href=\"https:\/\/www.gov.uk\/government\/news\/wedding-venues-advised-to-play-fair\">wedding and event venues<\/a> and <a href=\"https:\/\/www.gov.uk\/cma-cases\/consumer-protection-review-of-higher-education\">higher education<\/a> to improve terms and conditions.<\/p>\n<p>In addition to sector-specific guidance in these areas, the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> has also produced <a href=\"http:\/\/www.gov.uk\/cma\/fair-contract-terms\">short and simple guides<\/a> aimed at helping consumers and businesses to understand their rights and obligations under consumer law.<\/p>\n<h3 id=\"notes-for-editors\">Notes for editors<\/h3>\n<ol>\n<li>The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> is the UK\u2019s primary competition and consumer authority. It is an independent non-ministerial government department with responsibility for carrying out investigations into mergers, markets and the regulated industries and enforcing competition and consumer law. From 1 April 2014 it took over the functions of the Competition Commission and the competition and certain consumer functions of the Office of Fair Trading, as amended by the Enterprise and Regulatory Reform Act 2013. For more information see <a href=\"https:\/\/www.gov.uk\/government\/organisations\/competition-and-markets-authority\">our homepage<\/a> on GOV.UK.<\/li>\n<li>For <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> updates, follow us on Twitter <a rel=\"external\" href=\"https:\/\/twitter.com\/CMAgovUK\">@CMAgovuk<\/a>, <a rel=\"external\" href=\"http:\/\/www.flickr.com\/photos\/cma-gov-uk\/\">Flickr<\/a> and <a rel=\"external\" href=\"http:\/\/www.linkedin.com\/company\/3352301?trk=tyah&amp;trkInfo=tas%3ACompetition%20and%20Markets%20Authority\">LinkedIn<\/a>.<\/li>\n<li>The evaluation of the <abbr title=\"Office of Fair Trading\">OFT<\/abbr>\u2019s interventions into the health and fitness sector was carried out by the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr>\u2019s internal evaluation team and reviewed by an independent academic economist, Professor Stephen Davies, Professor of Economics at the University of East Anglia and one of the 4 founders of the ESRC Centre for Competition Policy at UEA.<\/li>\n<li>The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> estimates that the <abbr title=\"Office of Fair Trading\">OFT<\/abbr> intervention saved consumers around \u00a337 million between September 2011 and June 2014. The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> considered how gym contracts had changed following the <abbr title=\"Office of Fair Trading\">OFT<\/abbr> intervention and how much of that change could be attributed to the <abbr title=\"Office of Fair Trading\">OFT<\/abbr>. The benefits were then calculated by first estimating the number of consumers that benefited from the changes then how much each consumer would have saved over the period. By combining these figures, the <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> reached its overall estimate of the benefits of the <abbr title=\"Office of Fair Trading\">OFT<\/abbr> intervention. In addition, the evaluation found that the intervention had brought about other benefits, such as: changes by other gyms in the sector; the impact of changes made to contract suspension terms and the impact of more easily being able to exit contracts on increasing competition in the sector.<\/li>\n<li>Gym membership figures: The Leisure Database Company (2015), <a rel=\"external\" href=\"http:\/\/www.leisuredb.com\/publications\/\">\u20182015 State of the Fitness Industry Report\u2019<\/a>.<\/li>\n<li>Annual value of UK gym sector as reported in the Mintel \u2018Health and Fitness Clubs &#8211; UK &#8211; July 2015\u2019 report.<\/li>\n<li>The <a rel=\"external\" href=\"https:\/\/www.citizensadvice.org.uk\/consumer\/get-more-help\/if-you-need-more-help-about-a-consumer-issue\/\">Citizens Advice consumer helpline<\/a> is a telephone, email and online service offering advice to consumers where they have a problem with goods and services in the UK<\/li>\n<li>The <abbr title=\"Competition and Markets Authority\">CMA<\/abbr> has produced a <a href=\"https:\/\/www.gov.uk\/government\/publications\/unfair-terms-explained-for-businesses-individual-guides\">range of guides<\/a> for businesses and consumers including: <a href=\"https:\/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/510334\/UCT_05_Cancelling_Contracts.pdf\">Cancelling a contract: When and how<\/a>, <a href=\"https:\/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/510338\/UCT_09_Subscriptions.pdf\">Subscriptions and automatic rollovers<\/a>, and <a href=\"https:\/\/www.gov.uk\/government\/uploads\/system\/uploads\/attachment_data\/file\/510335\/UCT_07_Excessive_Charges.pdf\">Excessive charges and disproportionate sanctions<\/a>.<\/li>\n<li>Enquiries should be directed to Simon Belgard (<a href=\"mailto:simon.belgard@cma.gsi.gov.uk\">simon.belgard@cma.gsi.gov.uk<\/a>, on 020 3738 6472).<\/li>\n<\/ol>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Gym users have saved around \u00a337 million and can switch the leisure centre they use much more easily, following work by a competition authority.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"_links":{"self":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/74610"}],"collection":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=74610"}],"version-history":[{"count":0,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/74610\/revisions"}],"wp:attachment":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=74610"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=74610"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=74610"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}