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LA Fitness Class Action Lawsuit Filed

By Matt O’Donnell

 

LA FitnessNational health and fitness club chain LA Fitness International, LLC has been hit with a class action lawsuit for improperly billing club members for monthly dues, even after they cancel their memberships.

According to the LA Fitness class action lawsuit, filed in the U.S. District Court for the Middle District of Florida, LA Fitness breached its Monthly Dues contract and violated the Florida Deceptive and Unfair Trade Practices Act by representing that its Monthly Dues contract was a “monthly” contract that could be terminated (along with monthly dues billing) simply by following the contract’s cancellation procedures.

This representation was deceptive, the class action says, because due to LA Fitness’ unfair practices, it was and is virtually impossible to cancel the contract without being charged at least one or two months of additional dues, even when members follow the contract’s cancellation procedures.

The LA Fitness class action further alleges that LA Fitness breaches its Monthly Dues contract and violates Florida’s consumer protection laws by:

(1) refusing to act on properly submitted cancellation requests in order to continue automatic billing of dues from members’ bank accounts or credit cards;

(2) failing to disclose that the contract cannot be cancelled by giving 30-days notice (or 20 days for newer contracts);

(3) using prepaid last month’s dues to extend contracts beyond members’ usage, despite LA Fitness’ representation in the contract that “no further billing will occur” after timely mailing of a cancellation notice; and

(4) failing to inform members that they can only cancel by using a particular cancellation form, obtainable only in-person at an LA Fitness club, when the contract states that any “written notice” will suffice.

The LA Fitness member contract class action lawsuit is brought on behalf of all former members of LA Fitness who have incurred at least one additional monthly billing charge after they attempted to cancel their Monthly Dues Membership Agreements; and current members of LA Fitness who entered into Monthly Dues contracts which contain outrageous cancellation provisions and who will be forced to pay dues for one or more months after they attempt to cancel their memberships.

It is asking that LA Fitness revise its Monthly Dues Membership Agreement, award damages to class members, allow class members to terminate breached contracts, and more.

 

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Updated March 8, 2011

 

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12 Comments

  • Anonymous May 24, 2011

    LA Fitness Class Action Lawsuit Filed
    Faxed,emailed, mailed and verbally cancelled my membership. Month after month they continued to charge my ATM aftwe my account was cancelled. Finally I cancelled my ATM. This month since they could no longer charge my card they charged my wife’s card. Her account was cancelled over a year ago. My wife and bank filed fraud charges today. This is intentia and, consistant deserving of compensatory and punitive consequencies. i am seeking legal assistance

  • Anonymous August 15, 2011

    My brother moved away, I kept getting his LA fitness letters at home. I called to cancel… the rep told me to just pay what was owed and he would cancel it…. Stupid me, I gave him my account info… It’s been 3 months, and I’m still getting charged monthly… Crooked Reps and LA fitness policies…
    Can somebody help….

  • Anonymous August 23, 2011

    I need someone to file a class action in California I guess. because I have the same problem. I’ve actually sent in their stupid form 3 times and they keep acting like they’ve never received it. Just sent another one by certified mail.

  • Anonymous November 5, 2011

    I will join anyone for a class action lawsuit. They have shady reps who are just after quotas and getting members signed in. I was not given a copy of my contract and I am now having a hard time canceling my personal training. Apparently it is under contract for a year . I lost my job and can no longer afford this. I was told to just freeze my account and save money by just paying $15 instead of $90. Are you kidding me? Why would I pay $15 when I am not gaining anything from it. They are shady and just want profit. Wow! I can’t believe they are still in business. I hope the lawsuits bring them down , unethical practices are just not acceptable.

  • Anonymous February 28, 2012

    I totally agree with Johanna’s comments. I also was not given a copy of my training cotract. He screwed me over. We were talking about payment & period just 6 months. But once I wipped out my card and signed for payment he got me. After 40 days I recongnized it was a contact sign with 12 months. We need occupy Alastress.

  • Anonymous May 4, 2012

    I have tried to cancel , they gave me a paper form to snail mail to “headquarters” then said it may take awhile to be processed…it has been months, shady business practice

  • Anonymous August 1, 2012

    I tried to cancel my personal training, I was told I had 30days to do so. I called to cancel and they told me I couldn’t and that I had signed the agreements but the only thing I signed was for them to charge my credit card. I’m totally in for a law suit they are a vary shady company!!!!

  • Anonymous October 6, 2012

    Yeah They suck. They overcharge. I paid them in cash because i had a bunch of bills go thru on my card. I gave them the cash money and I swear the very next day I went in. Headed over to the machine and this skank came up to me talking about I owed them money. I said I just paid you money yesterday. She said. Who did you give it to. I said I have my reciept right here. She said I needed to talk to manager. It hadn’t posted yet. Then she said I needed to update my credit card. I told her I would like to just pay in cash from now on. Then she said I can’t use the gym unless I updated my credit card. It was very embarassing and they are really rude. I stopped paying them b/c it is too hard to cancell. I told them I was poor and couldnt pay so they closed my acct. But my husband went to gym yesterday and sure enough they told him he owed them $34.99 from like JUNE. He told them he was in Europe and had froze his account of which they still took out $10 a month. He just started the gym account back up last week. it hadnt’ been 7 days they told him he owed for June. He finally said it was enough. We are going to attend a new gym. I printed off the form to cancell and will mail it in by delivery confirmation but we are going to report our credit cards stolen. i had a card that i cancelled and just the other day i needed to close my acct they claimed that I owed money on another card that LA fitness charge it even after I removed it from my acct and was not even using it. I said How can a prepaid card be over $90 for L Afitness
    these people are BRUTAL they should be sued for unfair business tactic. RaGEDY gym fat Workers who are unfriendly and RUDE. the should be sued

  • Hoof Hearted May 12, 2013

    Finally, someone is taking the proper legal steps to address this serious issue with LA Fitness. Myself, like all the others have been trying to cancel my membership for quite some time now. Everytime I try to cancel they give me this form to sign which I sign then make it into a paper airplane and throw it off my balcony. However, LA Fitness never receives it and tells me everytime that I need to resend the cancellation form!!! This has been going on now for over 5 years!! One time I even folded 100 paper airplane forms and they STILL did not receive ONE!! Very shady business practices indeed. I told them that I had sent 100 cancellation forms and to make a long story short they basically told me a was crazy and I need to buy postage. Really?! Postage now?! To cancel my gym membership?! What does that have to do with anything?!! At this point I am completely fed up with them. At one point I started a new gym membership hoping that would cancel my initial one but it didn’t so now I’m paying for two, which I am unable to cancel. I hope this lawsuit sheds some light on this serious human rights issue. I want my memberships cancelled, my computer paper restocked, and lotion for my hands because of the wear and tear caused by excessive paper airplane construction. LA Fitness you’re going down mister!

  • Amma May 15, 2013

    The best way to deal with these fools is to give them a shopsafe credit card number. some credit card companies offer that. you can create a credit card number that has an expiration date and security code. usually if you go into your account to cancel that shopsafe number and a merchant charges it, it won’t go through. I cancelled my membership with la fitness and i wasn’t asked to mail it to corporate. I wa s very angry and the girl called the manager who cancelled it. Of course i had to pay for the last month but I actually used that gym almost everyday that last month after I cancelled. I had to show them a printed paper with the cancellation confirmation and the date when the 30days expire on it.
    Funny thing is i didn’t use the gym that much when i had mebership but i only had membership for 2 months. month number one i pay the $25 initiation fee plust $25 monthly fee. month 2, i had an idiot in MN tell me my payment did not go through. That was because a shopsafe credit can only be used for one merchant and the subsequent charge they tried to make, they used a different name so it was declined. I went in, paid the bill and cancelled it and used the membership for the next 30days. The place was filthy anyway, the bathroom and lockerooms were disgusting. I’d rather pay the Y twice that and have a decent place.

    For people who are still being billed, cancel your credit card but next time, use a shopsafe account. it’s the best way to shop online.
    LA fitness sent emails asking me to come back i finally went in and put in a dummy email address. good luck

  • tormaebrown May 25, 2013

    I was very disappointed on everything that they told me it did not help and all I do is spend all my money. I was out more money then lost weight. feeling that this was coming it should happen they deserve everything. changing the name was very deceitful……….please send me back all of my money that I have spent thank you……I had to close a bank account due to they were taking money out of my account and I had cancelled are ready……..I was stuck with a lot over draft fees and all things desperate I need to the bank,

  • wayne roberts August 18, 2013

    LA Fitness in KY conducts the same dishonest practices as mentioned above. They refuse to honor my Urban Active personal training contract in existence when they bought Urban Active.
    BEWARE LA FITNESS; their business practices are unprinicpled, decietful, shady and fraudulant.

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