SAN FRANCISCO – Three customers have filed a class-action lawsuit against a gym
alleging that the California corporation knowingly used fraudulent schemes to induce customers into purchasing lifetime memberships.
Kevin O'Shea, Mark Vitcov and Rod Morris filed a complaint on behalf of themselves and all others similarly situated on April 1 in the U.S. District Court for the Northern District of California against 24 Hour Fitness USA Inc., citing violation of the Unfair Competition Law, fraud and other counts.
According to the complaint, the plaintiffs allege that they purchased lifetime memberships to the defendant's gym. The suit states that these memberships required the plaintiffs to prepay three years' worth of membership fees and then only had to pay nominal fees annually thereafter.
The plaintiffs hold 24 Hour Fitness USA Inc. responsible because the defendant allegedly decided to stop honoring supposed lifetime fee guarantees it had promised to its customers in April 2006. As a result, customers were purportedly being asked to pay double if not triple their previous rates.
The plaintiffs seek a trial by jury, declare that the plaintiffs are entitled to reformation of their written contracts to reflect a lifetime membership and its guarantees, award all damages to be determined in trial plus interest, all legal fees and any other relief as the court deems just. They are represented by Todd M. Logan of Edelson PC in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-01668