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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 would like to add Planet Fitness to the list as I joined their gym here in Tennessee on March 14, 2020. I was charged $3.00 on that day. Three days later, March 17 2020, they charged my account for the full monthly fee. March 17, 2020 is when the company closed all of their locations due to COVID. They did not refund that money for that time they were closed. I tried multiple times to cancel my membership to no avail even up until today. And so, I am being forced to go into the gym itself to give a signature before they will remove my account from their services. There’s a reason why I dont particularly care to walk into a gym at this point in time with this pandemic going on. These people are thieves and have no consideration for other people, their worries and their time. And they once again as of this morning charged my account again in which case I stopped for gas this morning to go to work, only to find out they overdrafted my account for the 3rd time.
Please add me to the LA Fitness lawsuit.
Is this lawsuit still active? I want to include unfair business practices especially during Covid when I tried to call and cancel my membership during the shut down I couldn’t get through and my car expired and I figured well that fixes it he can’t charge it if the card is expired come to find out two months later they continue charging my card when I called them they said they subscribe to a service with visa that updates exp dates they said it was in the contract. I cancel my membership but they refused to refund my money but said I could use the gym till Dec2 months. I have not been to gym since Covid began
Personal training exp. I signed up for a personal trainer started using my sessions had to get surgery I could not use them when I was better I scheduled my sessions that were paid for because it went past 30 days for my payment they deleted my scheduled sessions and kept the money previously that he gave you a year to use your paid for sessions then they changed it to 30 days Highway robbery!!!!
Please add me to this lawsuit.
I was charged a monthly fee when they were closed for 2 months. Then they resumed billing my card for my membership when it never returned to L.A. Fitness. I have not been to that gym for more than a year.
When it confronted them with the fact that it was a breach of contract when they closed, the man said ” Well maybe yes and maybe no ! “
After being a member for a year (April 2019-2020), my local LA fitness refused to stop charging my card on a monthly basis. They continued to charge my card during the pandemic and only paused the charges for one month, even though the facilities were closed and extremely restricted for months. The LA fitness workers garunteed that my account would begin charging on a monthly basis after my one-year contract ended and that it would be very easy to cancel at any time. They refused to allow me to cancel my membership over the phone during the height of the pandemic and rudely insisted that I “come in and cancel in person”. I feel that my loyalty to this gym has costed me hundreds of dollars and stress throughout the first several months of 2020. I regret ever giving them my business after being treated this way. Please add me to the lawsuit.
add me.
Sign me up please!
Yes, they are charging me for a hiit class and a membership and said they can’t do anything about it. Add me to this class action!
add me
Yes they said they would tack on the months at the end of the membership . This is no use to me . I had 9 months now they are extending it for 3 more ? California is locked down . Whenever they re open it is pathetic . I did not sign up to wear a mask to do cardio . They don’t have spray bottles to clean each machines (2 on the floor ) , they don’t enforce mask usage anyway . So which is it ? Are you in or are you out because this feels like a unilateral contact where they hold ever card and I am sitting here with every month that goes by thinking 1) I want my money and 2) this is not what i signed up for and 3) you are not even trying (how about virtual fitness for free or partner with bike fitness or something ? How dumb are you ? I have spent money on fitness equipment , physical therapy etc . Meanwhile all you do is nothing . 24 hour fitness out equipment outside as an option . Not you . Nothing .