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Nationwide gym L.A. Fitness repeatedly charged a consumer for someone else’s gym membership fees, even after that membership had been cancelled, a new class action lawsuit alleges.
The nationwide class action lawsuit was filed in California on June 11 by lead Plaintiff Zolton Nagy, who alleges that the gym has violated the Electronic Funds Transfer Act and California consumer and competition laws.
According to the class action lawsuit, Nagy had been paying for a gym membership at L.A. Fitness in Los Angeles from 2015 through 2020. Throughout that membership, the gym would automatically withdraw monthly gym membership fees from Nagy’s personal bank account via electronic fund transfers (EFTs).
However, in June 2020 Nagy discovered that L.A. Fitness had been making unauthorized EFTs from his bank account since 2018.
Nagy told L.A. Fitness about his unauthorized charges and discovered that some of the charges were the result of the gym linking the membership of another, unrelated L.A. Fitness customer to his personal bank account, including after that membership had been cancelled, the claim states.
“Defendant had thus been withdrawing membership fees for both gym memberships from Plaintiff’s personal bank account without prior written authorization.”
In August 2020, L.A. Fitness acknowledged the withdrawal of funds and agreed to refund three of the unauthorized payments. However, the gym refused to refund the balance of the remaining payments, which Nagy estimates to be at least $600, according to the class action lawsuit.
In April 2021, Nagy requested that L.A. Fitness refund the additional amount through his counsel using certified mail, but has not received a response to date.
“Plaintiff served Defendant with notice of the violations alleged and asked that Defendants correct, repair, replace, or otherwise rectify the products and/or services alleged to be in violation of the CLRA,” the claim states.
“As of the time of filing, Defendants have not replied to this correspondence and have thereby refused to timely correct, repair, replace, or otherwise rectify the alleged violations.”
Nagy wants to represent anyone in the U.S. who has had an unauthorized payment taken from their account by L.A. Fitness. He also wants to represent a California subclass. He is suing for violations of the Electronic Funds Transfer Act and violations of state competition and business laws. He seeks certification of the class, injunctive relief, damages, interest, legal fees, and a jury trial.
In December, L.A. Fitness was hit with a separate class action lawsuit for its membership fees, with Illinois man Elihu Blanks saying the gym 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.
Has your gym ever charged you a fee that you think was unfair? Let us know in the comments section!
Nagy is represented by Todd M. Friedman and Adrian R. Bacon of Law Offices Of Todd M. Friedman, P.C.
The L.A. Fitness EFT Class Action Lawsuit is Nagy v. Fitness International LLC, et al., Case No. 2:21-cv-04766, in the U.S. District Court for the Central District of California.
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6 thoughts onL.A. Fitness Repeatedly Charged Gym-Goer for Someone Else’s Membership, Class Action Lawsuit Claims
Opened an account for my mom in 5/2021then cancelled 6/1/2021 but randomly on 8/8/2023 find out there are still charging my account so its been 26 months since the cancellation but they still been charging me. I just figured it out because of seeing 2 unrecognized charges of 31.99 then $49 plus my regular membership 29.99 so when i called them they couldn’t figure out what’s going on and keep saying this is a unique situation but reading the reviews an lawsuits they have it shows this is a habit scam
The LA Fitness salesman who signed me up for personal training contract made me believe that I will be able to cancel the contract within 3 days after I have my first session. When I had my first session, was not satisfied, and attempted to cancel the contract the very next day, I was told that the 3 day window applies to the date I signed the contract, not the day of the first session. At the time of signing the contract I told the salesman that I’ll be traveling for a week and therefore won’t schedule my first session until I’m back, and yet despite that he allowed me to continue to believe that I will have a chance to cancel. If I knew I won’t, I wouldn’t sign the contract until after I got back. This is only the most glaring of numerous other misrepresentations that salesman made. And yet despite me using only a single 25-minutes session, not setting foot into that gym since that day, and even canceling my membership (which they apparently did do, but I guess we’ll see), therefore physically preventing me from being able to receive PT service, they still refuse to cancel the PT contract and keep insisting that my only option of getting out of it is a 50% buyout for the remaining 11 months, which enables LA fitness to earn over $2.5k out of thin air on me – twice as much if I refuse to consent to the buyout and let the contract run its course. I don’t intend to do either – I submitted formal complaints and seeking ways to pursue legal action.
what is the Privacy policy of LA Fitness recording their members in the shower and locker room? anyone knows please contact me asap. i need an attorney asap
My husband was charged by LA Fitness for eight months and continuing to this day. We tried to cancel during the pandemic, and though we were told we had successfully cancelled, the gym unilaterally started charging us again a few months later. When we tried to cancel a second time, there was a longer pause in charges, but without our permission the gym resumed charging us in March 2021 (not even on our regular billing date!). Now they are REFUSING to stop charging us. I’ve called and begged and pleaded, but they are refusing to stop charging us. Conveniently, the company only allows memberships to be cancelled by downloading a form, printing it and sending it certified mail to a P.O.Box requesting cancellation. It is blatant robbery.
My husband and I have been charged multiple months for the LAfitness HIIT program membership despite having frozen the main membership. Note that one cannot access the gym facilities and use the HIIT program unless they also have an active main membership. We didn’t get a full refund of the fees that were drawn from the account.
Apply for a job to LA Fitness as a personal trainer with indeed no license was offer job as a sales associate got sold a membership have supporting documents screenshots from indeed, email,phone calls and bank statement and police report indicating fraud. Regarding employee sales representative who was not authorized to do interviews not manager or HR Representative also website screen shots on changes to websites.