Can the secretary of state take action against a health spa?
No. The secretary of state is a filing officer for health spa registrations and security and does not have authority to regulate the business practices of a health spa. Although the secretary assists consumers by accepting claims for unused amounts on prepaid contracts, the office cannot resolve disputes about health spa services or facilities, investigate the business practices of a health spa, or determine whether a member is entitled to a refund. A health spa member may take private legal action against a health spa for failing to comply with its contractual obligations. In addition, the member may file a complaint with the attorney general if the member feels that the health spa has violated chapter 702 of the Occupations Code by engaging in a false, misleading, or deceptive act or practice.
