The key for clubs and billing companies to operate smoothly is clear communication, direction and documentation, Kirby says.

“Clubs need to make sure from an administrative standpoint when a membership needs to be cancelled,” he says. “Or, if they allow us to handle it, based on the guidelines of their agreement, we make sure it takes place properly. If we're handling the cancellations for a club, we get a copy of their agreement.”

Membership agreements vary from club to club, but typically, members pay the first and last months of their membership agreement when they join. In most cases, members must give 30 days' notice of their intention to cancel their membership. The gray area arises when clubs change the number of days required for their notice of cancellation (from 30 days to 45 days, for example). Or, the cancellation request may not be properly submitted.

Caro, who has served as an expert witness in class-action lawsuits involving clubs and membership agreements, says a club may not honor a cancellation if the club was notified by a voicemail and not by a written notice.

“In many cases, clubs are not necessarily at fault,” Caro says. “Having said that, some clubs don't handle back office [procedures] ideally, and it leads to mistakes.”

Mastrov says attorneys who represent members in cases similar to the two involving 24 Hour and LA Fitness are trying to look for areas of consumer laws that have yet to be written or are not clear.

“What we are seeing now is consumers and lawyers saying you can't collect a month's dues up front or in advance of service,” Mastrov says. “I think the consumer will lose [those cases] as almost all businesses collect up front, as one does not want to be in the collections business.”

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