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An Illinois man says LA Fitness continued to charge him and other gym-goers membership fees even as they closed their facilities across the nation in the spring of 2020 due to COVID-19.
Lead plaintiff, Elihu Blanks, claims in his class action lawsuit that LA Fitness voluntarily closed its locations and temporarily let go of most of its employees between March 16 and June 26 of this year in response to the spread of COVID-19. Despite the closures, the plaintiff says that he and other members were subject to fees deducted through electronic debits from LA Fitness.
Blanks alleges that he paid a yearly due to LA Fitness on March 10, 2020 for access to facilities in the Chicago area. The plaintiff says he was not reimbursed for the time that LA Fitness closed its facilities, pointing out that the closures were voluntary. Blanks references a number of online complaints written by other consumers who say that they were hit with unexpected membership fees during the closure.
“Instead of doing right by its members and refunding the unearned membership fees it should have never collected in the first place, Defendant has kept millions of dollars to which it is not entitled,” claims the class action lawsuit. “Plaintiff estimates that Defendant is wrongfully refusing to refund at least $100,000,000 in unearned membership fees, and potentially even more.”
According to the complaint, LA Fitness, also known as Fitness International LLC, is the largest gym facility company in the U.S., with more than 700 locations and revenues reaching $2 billion or more. After collecting the fees for months, the fitness company allegedly offered extended memberships or a free three-month membership to a friend or family member instead of reimbursing the fees.
Even more problematic, says the plaintiff, LA Fitness members who accepted either the free membership extension or temporary membership were forced to release the fitness company from any liability.
The class action lawsuit points to a statement LA Fitness made on its website about the fees it charged during the coronavirus closure.
While the company acknowledges that it billed members during the closure, it does not indicate it refunded fees, notes the plaintiff.
Instead, the company explains that it extended membership periods covering those which would have expired and offered the free or complimentary memberships
“Notably absent from Defendant’s ‘steps’ is any actual refund of the money it improperly collected, and as of the filing of this lawsuit, Defendant has yet to refund its members the millions of dollars in unearned membership fees it collected in March 2020,” asserts Blanks.
The complaint alleges breaches of contract, unjust enrichment, negligence, negligent misrepresentation, and violations of state consumer protection laws.
The class action lawsuit seeks to represent a nationwide Class of consumers who paid membership fees to LA Fitness during the month of March and who have not been reimbursed. In addition, the plaintiff describes subclasses of Illinois residents and states with similar consumer protection laws.
The plaintiff is seeking reimbursement of membership fees for himself and proposed Class Members, as well as interest and damages. The class action lawsuit is also asking for a court order prohibiting LA Fitness from assessing membership fees during periods when it voluntarily closes facilities.
Check out Top Class Actions’ legal guide to coronavirus issues!
Were you charged membership fees by LA Fitness or another gym during a coronavirus closure? Did you get a refund? Tell us what happened in the comment section below!
The lead plaintiff, Elihu Blanks, and proposed Class Members are represented by Katrina Carroll or Carlson Lynch, LLP, Ignacio J. Hiraldo of IJH Law, Manuel S. Hiraldo of Hiraldo PA, and Jibrael S. Hindi of The Law Offices of Jibrael S. Hindi.
The LA Fitness Membership Fees Class Action Lawsuit is Blanks v. Fitness International LLC, Case No. 1:20-cv-07421, in the U.S. District Court for the Northern District of Illinois.
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42 thoughts onLA Fitness Unlawfully Enriched by Membership Fees During COVID-19, Says Class Action Lawsuit
I spent months emailing “corporate office” regarding the mathematical calculation for the extension of annual contract for the both the initial Los Angeles lockdown and the much longer extended lockdown for the remainder of 2020.
Then, more phone + email conversations about the SHORT HOURS and the missing 740 hrs/year (just based on the evening hours) that I was missing.
So hate this company, as they are run by teenagers at front desk… and no competent person in the “corporate office”.
A year later, and NOTHING has been resolved.
I have not stepped foot in a La Fitness Gym for the past 5 years. I have called half a dozen times to cancel. In the beginning when I called they would insist that I filled out a form and mailed it in. I’ve done that several times. They continue to bill me. I have called and raised hell several times and they say that I am canceled but they continue to bill me. I have disputed the charge with my credit card several times and they credit the amount and then a few days later reverse it. So Citibank is of no help. I have been paying 37.26 per month for over 5 years that’s somewhere around 2,235. So despite the fact that they claim they would not charge during covid. They charge regardless. Are there any other lawsuits going on with them for this type of thing? I don’t know who to talk to or where to go to get these people to stop charging me. Please add me to the class action suit.
Industry location was closed and my son’s membership was transferred to diamond bar without my consent. I’ve was billed for 2 months and wasn’t aware that his membership was transferred. They stated they emailed me. I never agreed and they’re refusing to refund my 2 months
LA FITNESS CONTINUES TO CHARGE ME. A TOTAL OF $807.84 HAS BEEN COLLECTED. YET THEIR CLUBS REMAIN CLOSED NEAR ME. HELP NOW, I WANT TO JOIN THIS CLASS ACTION LAWSUIT
LA Fitness also unlawfully charged my bank account over $600 for services they did not provide while the gym was closed. I was charged all fees on two days 3/24 and 3/25. They really suck and I hope I get reimbursed, this company is a scam and needs to pay people back what they stole.
Add me please they charged me even though I had canceled my membership in person. La fitness sucks
As senior citizens who are self employed, and new members at la fitness we were appalled they continued to charge fitness and training fees throughout the pandemic, despite temp freezes and our pleadings to stop as we would not dare to enter their facilities throughout the pandemic. My wife and i both have weakened immune systems. Obviously they had more regard for fee collection of 360+ month. We are so disgusted with them, that we have lost interest in even entering their buildings. They seem totally indifferent to the plight of their customers during the pandemic
As senior citizens who are self employed, and new members at la fitness we were appalled they continued to charge fitness and training fees throughout the pandemic, despite temp freezes and our pleadings to stop as we would not dare to enter their facilities throughout the pandemic. My wife and i both have weakened immune systems. Obviously they hadd more regard for fee collection of 360+ month. We are so disgusted with them, that we have lost interest in even entering their buildings. They seem totally indifferent to the plight of their customers during the pandemic
They’ve been harassing about billing throughout the year and charged me again today, April 2021. $240. I’ve spoken with them on the phone and sent emails since March 2020. They broke the contract, not me. Downtown LA member.
I signed up with LA fitness in January 2020 and was able to go to the gym a few times before the lockdown. I had no idea that during the lockdown, I was still be charged. After checking my account, I discovered during the months that I was unable to go to the gym since they were closed, I was charged over $180. I worked as an essential worker during the height of the pandemic and would not step foot in a gym even when they opened until I was vaccinated. I contacted the manager of the gym at one of my locations (Port Jefferson, NY). They informed me to contact the corporate office, which I had already done by email a month prior providing documents of what I was charged and explaining my occupation and that I was not going to be entering a gym to be able to keep my residents at the nursing home I worked at safe. When I got in contact with the corporate office, the representative said they would call me back and they did not so I called again. They told me they would not refund me the full amount despite my employment as an essential worker and the fact that I was working with COVID patients and how irresponsible it would have been to go to a gym after coming in contact with COVID. The corporate office did not assist me and told me the only thing they could do was refund me for the amount I was charged for freezing my account. That amount was not even close to the amount I was charged during the lockdown when the gym was not even open.