Health and fitness operators and the OFT investigation into unfair terms

The Office of Fair Trading (OFT) has concluded its investigation into the membership terms of health and fitness operators. The investigation cast a spotlight on unfair terms in consumer contracts and unfair trading practices.

In August 2011, the OFT secured an enforcement order in the High Court preventing Ashbourne Management Services Ltd, a gym management company, and its directors from recommending, using or relying on certain unfair contract terms, which breached the Unfair Terms in Consumer Contracts Regulations 1999, and prohibiting a number of its debt collection practices, which breached the Consumer Protection from Unfair Trading Regulations 2008…

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