“I was surprised. I thought it was fraud, actually,” Anders, a local law enforcement officer, said upon seeing the $10 membership fee.

When the gym run by Xperience Fitness at 5201 Washington Ave. closed, Anders chose to become a member at Razor Sharp Fitness, 7300 Washington Ave., where he now works out about three times a week.

So then why would Planet Fitness, a company that has no affiliation with Xperience Fitness, be taking money out of his account?

In mid-May, an email from Xperience informed Racine members that the gym on Washington Avenue (Highway 20) was closing permanently after having temporarily shut down in the first weeks of the COVID-19 pandemic. The email said, “If you have any questions or concerns or if you would like to continue your membership at one of our other Milwaukee locations, please contact us,” but made no mention of transferring memberships or payment information to Planet Fitness.

Soon after, an email from Planet Fitness informed Anders and other former Xperience Fitness members that their memberships were being automatically transferred to Planet Fitness. That email landed in Anders’ junk folder, so he didn’t see it when it first arrived.

He never was asked for permission to have an account opened at Planet Fitness. It just happened.

“It seemed underhanded … I didn’t see this coming,” Anders said.

In an email, Becky Zirlen, senior public relations manager at Planet Fitness, said: “Following the closure of Xperience Fitness in Mount Pleasant, XPerience Fitness members were transferred to Planet Fitness at 5748 Durand Ave in Racine. Former Xperience Fitness members who choose to cancel their membership can contact the Racine Planet Fitness or continue as a Planet Fitness Member at that location. All former XPerience Fitness members were given access to Black Card Membership amenities for the first month as a welcome gesture.”

The Journal Times then asked the follow-up question: “So did Planet Fitness just ‘purchase’ those memberships from XPerience? Or how did that transfer occur?” No reply was sent.

“I’m kind of dumbfounded by this,” Anders said, unsure of the legality of Planet Fitness’s and Xperience Fitness’s actions. He added “I’m concerned other people are getting ripped off” if they don’t check their bank or credit card statements and thus don’t find out they’re being charged $10 a month by a gym they have never been to.

According to the Wisconsin Department of Agriculture, Trade and Consumer Protection, changes in membership are supposed to be the choice of the consumer, not the business. “If any facility or service becomes unavailable at any time during the length of the contract, the consumer is entitled to choose an adjusted refund or a transfer of the unused portion of the membership to another affiliated center. If you choose a refund, it is the center’s responsibility to provide you with the adjusted refund.”

In short, “it is the consumer’s choice,” DATCP Public Information Officer Ti Gauger explained in an email. Gauger added “I would recommend that any concerned consumers should file a complaint with the DATCP so that we can help them resolve their situation.”

DATCP notes on its website that “not all fitness centers are financially sound. Some centers close within a short period of time or fail to open at all … if a center closes and has no money to refund a fitness center service prepayment, then you should contact the Bureau of Consumer Protection,” which can be done by emailing DATCPHotline@wisconsin.gov or calling 800-422-7128.

The Journal Times also contacted the Better Business Bureau for comment.

Susan Bach, BBB’s Wisconsin regional director, replied in an email: “We can’t comment on whether things are legal or comply with the law. However, BBB believes that businesses should always be transparent about its business practices, including the ownership of the company. I would recommend that if members of the Xperience Fitness location in (Mount Pleasant) are unhappy with the transfer of their membership to a new business, they should first reach out to the company for a resolution. If that doesn’t work, they should file a free BBB complaint against the company via our website, BBB.org.”