Rate of Membership: Is this charge legal? Do I have to pay? [Complete Guide]

If you're wondering about this "membership fee" being charged, you're not alone.

Many consumers face this question, and understanding it is crucial to making informed decisions.

In this text, I will clarify what this fee is, its legality and how you can deal with it.

First things first: Is charging a membership fee appropriate? What does the law say?

Charging a membership fee can generate confusion and outrage, but it's important to understand its legality. In some cases, it's permitted by law, while in others, it's considered an abusive practice. Understanding when it's legal or illegal is crucial to taking appropriate action.

Some situations where it is illegal to charge a membership fee…

In specific cases, charging a membership fee may be considered illegal. Learn what these cases are and the legal arguments to counter them:

• Health Plans: In some jurisdictions, legislation prohibits health plans from charging membership fees. (This situation is more specific and may be regulated by specific supplementary health legislation, such as the Law No. 9,656/98, but consumer protection can appeal to the CDC in cases of practices considered abusive.)
• Lack of Transparency: When it is not clearly and previously informed to the consumer. (Art. 6, item III; Art. 31 of the CDC)
• Banking and Financial Services: In some countries, specific legislation may prohibit charging membership fees for access to financial services, such as credit cards and loans. (There is no specific article of the Consumer Protection Code (CDC) for financial services, but regulation is made by competent bodies such as the Central Bank and can be challenged based on the general principles of the CDC, especially the right to information and protection against abusive practices.)
• When is it Double Charging?: If the membership fee represents a charge for a service that is already covered by another fee or monthly fee. (Art. 39, section V of the CDC)
• When it Contradicts Specific Standards: In sectors regulated by specific legislation, the charging of membership fees may be prohibited or restricted by law. (Applicability depends on the specific legislation in each sector, with the Consumer Protection Code serving as a basis for challenging abusive practices in general.)
• Abusive Clauses: When the membership fee is included in clauses considered abusive by the Consumer Protection Code. (Art. 51 of the CDC, especially items IV, which deals with establishing obligations considered unfair, abusive, which place the consumer at an exaggerated disadvantage, or are incompatible with good faith or equity.)

 Some situations where it is acceptable to charge a membership fee…

On the other hand, there are circumstances where charging a membership fee is considered acceptable. See below for some of these situations:

• Telecommunications services (internet, pay TV)
• credit card
• Gym plans
• Subscription club
• Recreational associations and clubs
• Equipment rental (e.g. car rental)
• Insurance plans

But after all, what is this membership fee?

A membership fee is an amount that certain companies require when a customer purchases their services.This amount is intended to cover initial expenses, such as installation, equipment, and administrative procedures to formalize the contract. In short, it is a contribution toward the costs associated with starting the business relationship.

It is common to find this fee in various services, such as health plans, internet providers, gyms and clubs, among others.

"I don't agree to a membership fee." What can I do?

If you believe the membership fee is illegitimate and abusive, you have options to challenge it. Here are some steps you can take:

1. Contact the Company: First, try to resolve the issue directly with the company. Present your arguments and ask for a clear explanation of the charge.
2. Complain to Consumer Protection Agencies: If the company fails to resolve the issue, you can file a complaint with the appropriate agencies, such as Procon, providing relevant documentation to support your complaint.
3. Seek Legal Assistance: If necessary, consult a consumer law attorney to assess the legality of the charge and, if necessary, take appropriate legal action, such as filing a lawsuit.
4. Look for Alternative Resources: Explore other service options or providers that don't require an unfair membership fee, thus ensuring your rights as a consumer.

I hope the information provided has been helpful in clarifying your doubts about the membership fee. Remember that you have rights as a consumer, and don't hesitate to defend your interests!