Unfair Treatment and Billing Practices

I am writing to lodge a formal complaint against Virgin Active South Africa regarding the ongoing billing, threats of legal action, and the unprofessional conduct of your staff. My experience raises significant concerns regarding your compliance with the Consumer Protection Act 68 of 2008 (CPA) and the Treating Customers Fairly (TCF) principles, which Virgin Active, as a service provider, is obliged to uphold. Background I entered into a 12-month fixed-term contract with Virgin Active, which reached its natural end as per agreement. Following the expiration of this contract, I was automatically migrated to a month-to-month plan. At no stage was I: • Explicitly informed of this transition; • Advised that the month-to-month continuation would require formal written notice for termination; or • Provided with any documentation outlining the terms and conditions of this new arrangement. In December 2024, I decided to discontinue using Virgin Active services due to financial adjustments. I have not used any Virgin Active facilities since that time. I made a final payment in January 2025 after receiving an SMS indicating that payment was due, and I assumed this closed the matter. Despite no usage, I have continued receiving SMSs and emails threatening legal action over further unpaid monthly fees. When I called your customer care line in April 2025 to resolve this, I was treated with hostility and disrespect by a call centre manager named Keenan, who failed to de-escalate the issue and instead responded angrily to my inquiries. Relevant Legal Contraventions 1. Section 14 of the Consumer Protection Act – Expiry and Renewal of Fixed-Term Agreements According to Section 14(2)(c) of the CPA, upon expiry of a fixed-term agreement, a service provider must: o Notify the consumer of the impending expiry not more than 80 nor less than 40 business days before expiry, including options to renew, cancel, or change terms. o Explicitly advise the consumer that, unless they choose otherwise, the agreement will continue on a month-to-month basis. At no stage was I issued any such notification. The automatic migration was done without adequate disclosure, contravening this clause. 2. Section 22 – Right to Information in Plain and Understandable Language The CPA requires that all terms and material changes to a contract be communicated in plain language, ensuring the average consumer can understand their obligations. The failure to inform me of the continuation terms or the requirement to cancel in writing violates this section. It is unreasonable to expect a consumer to refer back to an expired 12-month agreement without prompting or updates. 3. Treating Customers Fairly (TCF) Principles The TCF framework, overseen by the FSCA, requires that consumers: o Are provided with clear, honest information before, during, and after the point of sale. o Are not misled by ambiguous or missing information. o Are treated with courtesy and respect at all times. Your representatives’ conduct during my complaint call and the threatening tone of your communications do not align with these principles, especially given I was seeking clarity and fairness in good faith. My Request Given the above, I respectfully request the following: 1. Immediate cancellation of my membership, if it has not yet been officially terminated. 2. A full waiver of any amounts claimed after January 2025, as I have not used any facilities and was unaware of my obligation to provide notice. 3. A formal written apology for the misconduct of your customer service representatives. 4. Written confirmation that no further legal action will be pursued against me. Next Steps If this matter is not resolved to my satisfaction within 10 business days, I will escalate my complaint to the Consumer Goods and Services Ombud (CGSO) and/or the National Consumer Commission, citing contraventions of the CPA and unfair treatment in breach of the TCF framework. I trust that Virgin Active will act in good faith and resolve this issue amicably and swiftly.