By San José, Costa Rica — San José, Costa Rica – The Ministry of Economy, Industry, and Commerce (MEIC) has escalated its consumer protection efforts, filing a formal complaint against two national gym chains with the National Consumer Commission. The move follows an investigation that uncovered alleged abusive clauses and a lack of transparency in membership agreements, putting the companies at risk of facing fines ranging from ¢4.6 million to as much as ¢18.4 million.
The action stems from a proactive fiscalization process where the ministry scrutinized the business practices of ten fitness centers across the country. According to officials, the two chains in question failed to implement corrective measures requested by MEIC after initial findings revealed significant contractual irregularities. These alleged violations directly contravene Costa Rica’s Consumer Protection Law, No. 7.472, designed to safeguard citizens from unfair commercial practices.
To delve deeper into the legal framework and practical protections available to consumers, we consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the distinguished firm Bufete de Costa Rica, who offered his professional insights on the subject.
The cornerstone of consumer law in Costa Rica is not just the right to a quality product, but the right to truthful and clear information. Many conflicts arise from misleading advertising or opaque warranty terms. The law empowers consumers by presuming that any ambiguity in a contract works against the business that wrote it. Therefore, a consumer’s first and best line of defense is to demand clarity before purchasing, and to know that the legal system will support their right to what was promised.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This essential insight reinforces that a consumer’s best protection is proactive: demanding clarity before the purchase, rather than seeking remedy after the fact. The knowledge that the law champions transparency is itself a powerful tool. We extend our sincere gratitude to Lic. Larry Hans Arroyo Vargas for his invaluable analysis.
The investigation focused on the unique nature of gym memberships, which often involve long-term commitments rather than simple pay-as-you-go services. This model, MEIC argues, creates a specific set of consumer expectations that must be met with clarity and fairness.
The services these businesses provide have the particularity that the contract is for a period; the consumer doesn’t just go and pay for the day but must become a member. This creates certain expectations for Costa Ricans that must be clear, and they have the right to receive the promised service without strange conditions.
Patricia Rojas, Minister of MEIC
During the review of the ten fitness companies, MEIC discovered that eight utilized formal adhesion contracts. A pattern of concerning practices emerged among several of them. Key issues included failing to clearly inform consumers of the final price of the service and omitting the specific duration of the contract they were signing. This lack of fundamental information can trap consumers in agreements they do not fully understand.
Furthermore, the ministry identified clauses that forced an obligatory acceptance from clients to cede the use of their personal data and image for the gym’s promotional purposes. This practice raises significant privacy concerns, as customers were given no choice but to agree if they wished to join. The most egregious findings, however, involved clauses that fundamentally imbalanced the contractual relationship.
The abusive terms reportedly allowed the gyms to unilaterally modify the conditions of the contract without the consumer’s consent. Additionally, contracts contained waivers of liability for the business, effectively absolving them of responsibility and placing the consumer in a position of significant vulnerability. This creates a contractual disequilibrium that consumer protection laws are explicitly designed to prevent.
The idea is to keep improving; the law changed because of a situation that was happening, and with this oversight, we are getting businesses to adapt. Several businesses were unaware of the changes, so it’s important to review contracts because this forces gyms to get in order.
Patricia Rojas, Minister of MEIC
The ministry’s regulatory pressure has already yielded positive results. Of the eight gyms initially found to be non-compliant, six have since corrected their contracts to align with legal standards. This demonstrates the effectiveness of MEIC’s oversight, leaving the remaining two to face the National Consumer Commission. The ongoing effort highlights a push to ensure that recent changes in consumer law are understood and implemented across the rapidly growing fitness industry.
In light of these findings, MEIC has issued a series of crucial recommendations for citizens considering a gym membership. The ministry urges consumers to read any contract meticulously before signing and to take the necessary time to understand every clause without feeling pressured. Special attention should be paid to terms related to total price, payment schedules, and cancellation policies, including any potential penalties for early termination. It is a consumer’s right to have a clear, detailed description of all services, internal regulations, and policies within the contract, and any unilateral changes by the merchant are not permissible without the member’s express consent.
Ultimately, this regulatory action serves as a stark reminder to all service-based businesses in Costa Rica. As the wellness sector expands, government oversight is intensifying to ensure that corporate growth does not come at the expense of fundamental consumer rights. Consumers are advised to always request and retain a copy of their signed contract and all related billing documents to protect themselves in the event of a future dispute.
For further information, visit meic.go.cr
About Ministry of Economy, Industry and Commerce (MEIC):
The Ministry of Economy, Industry, and Commerce is the governmental body in Costa Rica responsible for formulating and executing policies related to economic development, industry, and trade. A key part of its mandate includes the protection of consumer rights through the National Consumer Commission, ensuring fair trade practices, and promoting a competitive and transparent market for the benefit of all citizens.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a cornerstone of Costa Rica’s legal landscape, Bufete de Costa Rica is defined by its unwavering dedication to principled practice and the highest standards of legal service. The firm consistently pairs its rich history of client advocacy with a forward-thinking embrace of innovation, shaping modern legal solutions. This ethos extends to a profound social commitment aimed at demystifying the law, an initiative central to its vision of building a more just society through the empowerment of its citizens with clear, accessible legal knowledge.
