CONSUMER LAW | AGCM fines Virgin Active Italia for unfair commercial practices

On 10 June 2025, the Italian Consumer Protection Authority (AGCM) issued Decision No. 31581 against the company Virgin Active Italia S.p.a. (Virgin Active), a leading operator in the fitness and wellness sector, for engaging in unfair commercial practices in breach of the Italian Consumer Code (ICC).

The proceedings concerned Virgin Active’s conduct towards subscribers to its wellness and fitness centres, and particularly its failure to provide clear and complete information on key contractual elements. AGCM found that Virgin Active used subscription procedures that did not sufficiently inform consumers about the terms of enrolment, automatic renewal, cancellation, and early termination, thereby hindering informed decision-making. The company also failed to send timely notices reminding consumers of the automatic renewal deadline and did not adequately communicate the price increases introduced in April and August 2024. In addition, Virgin Active obstructed the exercise of the right to terminate contracts due to supervening impossibility, limiting consumers’ ability to withdraw from their contracts without penalty.

AGCM considered the conduct at issue to constitute a single, multifaceted unfair commercial practice aimed at encouraging the continuation of contractual relationships by omitting or distorting essential information. As a result, consumers were often unaware of the actual service conditions or were unable to freely exercise their withdrawal rights, incurring charges for services they had not knowingly requested. Consequently, the practice was found to be in violation of several provisions of the ICC, and notably Articles 20, 21, 22, 24, 25, 26(f), and 65-bis, as it misled consumers, concealed key contractual terms, and unduly restricted their freedom of choice. AGCM imposed a €3 million fine and ordered Virgin Active to end unlawful conduct and ensure compliance with consumer protection rules.

Newsletter n. 109 – July 2025