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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43 thoughts onLA Fitness Unlawfully Enriched by Membership Fees During COVID-19, Says Class Action Lawsuit
L.A. Fitness charged me a membership fee during the wntire Covid 19 pwriod (2020-2023) and never once reimbursed me for my membership fees. LA fitness proposed an offer to give me an extra month of membership for every month that it was closed due to Covid 19. I should have received a refund for all the months i paid mymemebership fees while they were closed.