Weight Watchers Class Action Says Members Owed For Workshop Fees

A class action lawsuit has been waged against Weight Watchers by a customer who claims that the weight loss program is still charging their members monthly fees even though the company has ceased in-person meetings due to the coronavirus.

Plaintiff Kyle Vodden says that she is still being charged fees by Weight Watchers, despite the fact that they are not having any meetings to help customers lose weight.

Vodden claims that she became a member of Weight Watchers in-person program in March 2020 and paid approximately $64.95 for a six-month membership. Vodden maintains that on March 14, 2020, Weight Watchers announced that it would cancel their in-person meetings and would instead provide Weight Watchers online because of the coronavirus outbreak.

As a result of this decision, Vodden alleges that she wanted a refund and requested the same from Weight Watchers, but they refused to provide the refund.

The Weight Watchers meetings class action lawsuit claims that on April 17, 2020, WW charged Vodden’s debit card an additional $13.80 for digital services. 

Weight Watchers has not refunded or attempted to refund the plaintiff any part of her six-month fee or the additional charge for digital services for March 14 to the present, the Weight Watchers online class action lawsuit states.

Are you a Weight Watchers member and the company is still charging you fees? Get legal help here.

Vodden says that when she signed up for the Weight Watchers meetings, she believed that she would have access to the defendant’s in-person meetings. She proclaims that if she knew that the company would not provide access to in-person meetings, she would not have paid for it on the same terms.

The plaintiff states that WW has charged its customers for the full price of their memberships and an additional virtual workshop fee even though their in-person workshops have been terminated and all of the programs would be slated for Weight Watchers online.  

“Simply put, Defendant is double dipping by retaining members’ usual in-person workshop fees and charging them each month for their virtual workshops,” the Weight Watchers meetings class action lawsuit goes on to say.

Normally, the defendant offers three programs: 1) the “digital” program, which includes meal tracking, curated fitness, and mindset content; 2) the “in-person workshop,” which includes in-person wellness checks; and 3) the “coaching” program, which provides a personal coach for members to create goals and action plans regarding their weight loss.

Vodden explains that Weight Watchers can unilaterally charge its customers workshop fees without their consent, as they are in possession of the customers’ credit and debit card information.

The WW member claims that Weight Watchers has made the deliberate decision to bilk its customers on a monthly basis while the country is shut down.

Weight Watchers misrepresented that it would provide in-person workshops to those who paid a membership fee, the Weight Watchers meetings class action lawsuit states. The plaintiff claims that WW still charged the full price for memberships despite the fact their in-person workshops were cancelled.

“At the time Defendant made these representations, Defendant knew or should have known that these representations were false or made them without knowledge of their truth or veracity,” the Weight Watchers class action lawsuit goes on to say.

The plaintiff also maintains that the defendant has been unjustly enriched in retaining the revenues that came from the plaintiff’s and Class Members’ membership fees. These misrepresentations and charges have caused injuries to the plaintiff and putative Class Members because they would not have paid the membership fees if the true facts were known.

The Weight Watchers online class action lawsuit also states that WW received money in the form of membership fees that were supposed to be used for the benefit of the plaintiff and the proposed Classes, but was not used in such a manner.

The plaintiff claims that WW has breached its contract with the plaintiff and potential Class Members by charging their credit and debit cards for their membership, despite cancelling its in-person workshops.

Vodden states that she was injured as a result of the defendant’s deceptive acts because she would not have paid the membership fees had she known that she would not have been able to access the defendant’s in-person workshops.

The WW member claims that Weight Watchers has violated New York General Business Law, the California Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law.

“On behalf of herself and other members of the Classes, Plaintiff seeks to enjoin the unlawful acts and practices described herein, to recover her actual damages or fifty dollars, whichever is greater, three times actual damages, and reasonable attorneys’ fees,” the Weight Watchers meetings class action lawsuit states.

The plaintiff is represented by Philip L. Fraietta and Frederick J. Klorczyk III of Bursor & Fisher PA.

The Weight Watchers Meetings Class Action Lawsuit is Kyle Vodden v. WW International Inc., Case No. 1:20-cv-03856, in the U.S. District Court for the Southern District of New York.

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