SAN DIEGO – A San Diego County man claims a fitness club made unauthorized withdrawals from his checking account.
Nathaniel Wilson filed a complaint on Feb. 28 in the U.S. District Court for the Southern District of California against SIR Fitness Vista LLC, doing business as Crunch Vista, and ABC Financial Services Inc. alleging violation of the Electronic Funds Transfer Act, the Consumer Legal Remedies Act, Fair Debt Collection Practices Act and the California Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that on June 10, 2016, he accepted an offer of membership to Crunch Vista for $9.95 a month. He alleges he was not provided or shown a copy of the membership agreement. The plaintiff holds SIR Fitness Vista LLC and ABC Financial Services Inc. responsible because the defendants allegedly offered gym membership to a disabled person against its agreement and retained plaintiff's financial information to repeatedly withdraw unlawful fees without consent.
The plaintiff requests a trial by jury and seeks judgment against defendants, actual and statutory damages, costs of litigation, attorney’s fees, and further relief as the court may deem just. He is represented by Stephen G. Recordon of Recordon & Recordon in San Diego.
U.S. District Court for the Southern District of California Case number 3:17-cv-00411