Industry group says new rulemaking process will allow regulators to better understand membership-based fitness businesses

Washington, DC–March 12, 2026– The Health & Fitness Association (HFA) today responded to the Federal Trade Commission’s Advance Notice of Proposed Rulemaking (ANPR) initiating a new rulemaking process on subscription and recurring billing practices, commonly referred to as “negative option” marketing.

The FTC’s action follows a 2025 decision by the US Court of Appeals for the Eighth Circuit vacating the FTC’s previous negative option rule before it took effect. By initiating the rulemaking with an ANPR, the FTC is seeking input and data from stakeholders before proposing specific regulatory requirements governing subscription and automatic renewal programs.

HFA said the approach provides an opportunity for the FTC to better understand how membership-based businesses operate and the steps many operators are already taking to strengthen transparency and consumer protections.

“Fitness facilities succeed by building long-term relationships with their members, which requires trust and transparency,” said Liz Clark, president and CEO of the Health & Fitness Association. “Beginning this process with an Advance Notice of Proposed Rulemaking provides an important opportunity for regulators to hear directly from stakeholders before specific proposals are developed. Our industry has made significant progress in strengthening disclosure practices and implementing more consumer-friendly cancellation policies, and we look forward to engaging constructively with the Commission as it evaluates potential updates to its rules.”

Across the industry, many operators have invested in clearer membership terms, improved digital enrollment systems, and more transparent cancellation options as part of a broader effort to strengthen consumer trust.
HFA plans to participate actively in the rulemaking process by submitting comments and sharing industry data and operational insights with the FTC. The association will continue working with policymakers to ensure any new rules support both consumer protection and the continued growth of membership-based fitness businesses.

About the Health & Fitness Association

The Health & Fitness Association (formerly IHRSA), a global community of industry leaders, is the only worldwide trade association providing a unified voice for the community of leaders who operate health and fitness facilities, offer professional guidance on physical activity, and provide the tools and equipment to do so to the millions of fitness facility members who understand that exercise improves their physical and mental health.

Through advocacy, education, and research, the association speaks to opportunities, challenges, and changes that are moving the industry into a new era.

Founded in 1981, the association publishes a monthly magazine, Health & Fitness Business, and operates The HFA Show, the HFA European Congress, and the Fly-In and Advocacy Summit. The association also partners on events around the world, including Fitness Brasil, ChinaFit, MEFIT Summit and Wellness & Fitness LATAM. Follow the Health & Fitness Association on Facebook, Instagram, LinkedIn, X and YouTube.