Jailing of gym workers sends out strong message
- Those who coerce people into buying fitness and health packages must feel force of law and proposals for cooling-off periods speeded up
Two gym workers convicted of coercing youngsters into buying health packages have been jailed in a landmark ruling under the city’s sales law. This is the first time imprisonment has been imposed in relation to malpractices in the fitness industry.
It sends out the right message that high-pressure sales tactics will not be tolerated. The authorities should also strengthen enforcement and ensure that consumers are given sufficient legal protection.
The court heard that the pair and two others at Go Goal Studios in Mong Kok had used street surveys to lure two student victims to the gym where they were asked to hand over their identity cards and bank cards. They were then tricked and forced to sign up to plans totalling HK$21,000 (US$2,680).
The four were convicted of aggressive sales tactics, with two jailed for three weeks and the others given 90 hours and 120 hours of community service respectively.
Gym workers jailed for trapping students into health club memberships
Whether a jail term of three weeks can reflect the gravity of the offence is open to discussion. Compared to the name and shame approach of the Consumer Council, imprisonment is certainly a stronger deterrent.
The value of the contracts in question is also relatively small compared to other cases, but the tactics are just as deplorable and must be treated seriously.
Under the Trade Descriptions Ordinance, aggressive sales practices, include harassing, coercing or inflicting undue influence to impair one’s ability to make a transaction under free will is liable to five years in jail and a fine of HK$500,000 (US$63,700).
Fitness centres took advantage of young people to sign gym contracts
While the ruling serves as a strong reminder against coercive sales tactics, it should not be forgotten that many young fitness instructors and salespeople are also under strong pressure from their bosses to meet sales quotas, and will therefore resort to all sorts of tricks to make customers sign up for contracts.
It is hard to believe that employees would try to attract business in such a way without endorsement from the top.
The problem is further aggravated by the cutthroat competition within the fitness and health sectors and insufficient consumer protection. The government’s proposals to provide a cooling-off period for customers to cancel service deals at gyms and beauty centres should be expeditiously followed up.
