SACRAMENTO – A Fresno County man has filed a class-action suit against a gym services provider alleging it automatically debited his bank account without pre-authorization.
Jogert Abrantes filed a complaint on behalf of all others similarly situated on June 23 in the U.S. District Court for the Eastern District of California against Fitness Evolution LLC alleging violation of the Electronic Funds Transfer Act.
According to the complaint, the plaintiff alleges that he had an agreement for Fitness 19 to deduct $24 from his account on a reoccurring basis. The suit states that this account was transferred to the defendant. The plaintiff holds Fitness Evolution LLC responsible because the defendant allegedly deducted more than $24 from plaintiff's account monthly without his authorization and without providing plaintiff any written electronic signature authorizing this payments.
The plaintiff requests a trial by jury and seeks statutory damages of $1,000 per class member, actual damages, interest, all legal fees and any other relief as this court deems just. He is represented by Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman PC in Beverly Hills.
U.S. District Court for the Eastern District of California Case number 1:16-cv-00903-LJO-SKO