Lawsuit Alleges LA Fitness Fraud and Deceit – Many Have Experienced This First Hand
The LA Fitness class action was filed in the Central District of California – and states in part:
“this action against Defendant Fitness International, LLC, d/b/a LA Fitness, Esporta Fitness, and City Sports Club (hereinafter “LA Fitness” or “Defendant”) to obtain damages, restitution, and injunctive relief from Defendant . . .Defendant has violated California state laws and breached the terms of its contract by engaging in deceptive and predatory cancellation policies to continuously gain a profit from consumers who no longer wish to utilize gym membership services. Defendant violated membership agreements by failing to abide by cancellation policies in their contracts. Defendant deceived new members by promoting “no hassle” cancellations in order to get them to sign up for gym memberships but failed to disclose the true nature of its cancellation policies. As a result, consumers were continuously charged membership fees after making good faith efforts to cancel their policies.”
The lawsuit is being brought by California attorney Jill Parker, Washington DC attorney Danielle Perry, and Pennsylvania lawyer D. Aaron Rihn. It sets forth the causes of action based upon a number of class individuals, including Leonna Brown, Katherine Burnett, Chris Golden, Irene Hardin, Fiza Javid, Jojo Jenkins, Krystuna Machuta, Nicholas Mahon, Saira Mueller, and Sharvia Sultana – but purports to represent thousands more who were deceived by LA Fitness representations as to how the membership could be cancelled. According to one victim, interviewed for this story, it even goes further than the allegation in this lawsuit:
“I moved away from my old gym and lost my “tag”. I tired calling and emailing, but they kept telling me I had to go into the gym I signed up in. Going to another in my city or county was not an option and they would not let me have a copy of the cancellation form unless I could sign in online to the site. That was impossible without my “tag.” The charge was about $35 a month – not enough to travel to the old location, immediately, but eventually I figured I had to. This was after nearly two years of charges. In my opinion, they cover themselves with small worded terms in a contract instead of really caring about their clients. I believe LA Fitness is a scam, a fraud, and a company without a soul that takes advantage of people and games the system to charge people who do not need their services anymore. I would never recommend this company nor use it again even if it was next door to me.”
The class action seeks: an Order certifying a Class of LA Fitness as defined herein pursuant to Rule 23; that the court dsignate Plaintiffs as representatives on behalf of all similarly situated persons (Class members) who were LA Fitness members who: 1) were unable to cancel their memberships after they followed instructions provided by LA Fitness personnel; 2) were still charged monthly membership fees after they mailed in a cancellation form pursuant to the contract; and/or 3) were
charged annual or bi-annual membership fees; C. Issue an Order appointing the undersigned counsel as class counsel pursuant to Rule 23(g); D. Award Plaintiffs and Class Members all membership fees that were incorrectly withdrawn by LA Fitness after Plaintiffs attempted to cancel by mailing in a cancellation form, as set forth herein; E. Award Plaintiffs and Class Members all membership fees that were incorrectly withdrawn by LA Fitness after Plaintiffs attempted to cancel pursuant to instructions provided by LA Fitness personnel.
It also seeks: to provide lost time and other out-of-pocket expense compensation for all Plaintiffs and Class Members who were required to perform tasks outside of their contracts in their effort to cancel a membership; Award Plaintiffs and Class Members a refund of all annual or biannual fees that were incorrectly withdrawn by LA Fitness; Award Plaintiffs and all those similarly situated, further legal, statutory, equitable, and injunctive relief as this Court deems appropriate; I. Award Plaintiffs and all those similarly situated pre and post judgment interest at the statutory rate as provided under California law; Award Plaintiffs and all those similarly situated, attorneys’ fees,
costs and disbursements pursuant to California law; Award service payments to Plaintiffs; Award pre and post judgment payment and interest; and Other relief as justice so demands.
The lawsuit, as of today, was ongoing with numerous motions and pleadings filed to date.
Previous LA Fitness lawsuits have made similar allegations, but from many people’s perspective, LA Fitness does not seem to care and continues to put profits ahead of its concern (or rather lack thereof) for its members.
