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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
Members who paid annual renewal fees for a 24 Hour Fitness membership may qualify for refunds and lower fees, thanks to a class action settlement.
The settlement resolves allegations that 24 Hour Fitness offered members lifetime renewals for an annual fee that would not change, then later raised that fee on some members.
The plaintiffs claim that 24 Hour Fitness USA Inc. offered a membership plan in which, if the member prepaid one to three years’ worth of membership, they could maintain the membership indefinitely by paying the same annual renewal fee every year.
These annual fees were allegedly supposed to remain the same for the rest of the member’s life, as long as they wanted to remain a member.
But with a change in ownership, the plaintiffs say, 24 Hour Fitness began to alert members that it would raise their annual renewal fees, in some cases to as much as double or triple the previous rates.
Fine print in the membership agreement supposedly allowed 24 Hour Fitness to raise the fee. But the plaintiffs say the company promised them that the agreements were “just paperwork” and didn’t matter, and that 24 Hour Fitness would never increase the fees.
This settlement results from two consolidated lawsuits. Plaintiffs Kevin O’Shea, Mark Vitcov, Rod Morris filed their 24 Hour Fitness class action lawsuit in April 2016. They were followed one month later by plaintiff Russell Marchewka, who claimed his renewal fees would nearly double. The claims were consolidated into a single action and joined by additional plaintiffs Michael Losquadro and Dipti Shah.
24 Hour Fitness maintains that nothing about the way it administered these fees was wrong. The company says it agreed to this settlement to avoid the risk and expense of further litigation.
The parties reached the current 24 Hour Fitness settlement and submitted it for preliminary court approval by November 2017. The settlement provides different benefits depending on whether the Class Member submits a Claim Form.
Those who do submit a Claim Form are generally eligible to continue their 24 Hour Fitness membership by continuing to pay their original fee amount. Those who do not submit a form will benefit from limitations on how 24 Hour Fitness may increase their annual renewal fees.
Claim Forms may be submitted online or by mail. Printed Claim Forms were supplied with the settlement notice mailed to known Class Members.
The Claim Form and declaration for this settlement also applies to another settlement brought by the Orange County and Contra Costa County’s District Attorney’s offices, referenced in the settlement website as the Government Settlement. Both settlements require Class Members to submit a Claim Form and declaration by the Feb. 26 deadline.
Class Members can object to the settlement or exclude themselves from it by submitting a written request no later than Feb. 26, 2018.
Who’s Eligible
The settlement Class covers persons who, according to 24 Hour Fitness’s records, enrolled in or updated a 24 Hour Fitness Prepaid Membership on or after April 1, 2006 and were still enrolled in a prepaid membership as of April 1, 2015.
Potential Award
Refunds and Reduced Fees
The available benefits are very detailed, depending on the individual Class Member’s situation. Consult the settlement website for full details.
Generally, Class Members who submit a Claim Form will be allowed to continue their memberships by paying the annual renewal fee at its initial amount, whether or not their fees have been increased. Those whose fee has increased may get the fee reinstated at its initial amount and may receive a refund for any fee amounts they paid over and above the initial fee amount. Those whose memberships were cancelled after they received notice of a fee increase can get their memberships reinstated at the original fee amount.
Class Members who do not submit a claim form may see their annual renewal fees increased, but 24 Hour Fitness will be restricted in when and how much it can raise those fees. The restrictions vary depending on the type of membership. Those whose fees have already increased may receive a discount on future fees. Those whose memberships were cancelled may be able to reinstate them at a reduced amount.
Proof of Purchase
To submit a Claim Form and declaration online, Class Members must provide either the claimant ID number provided in their settlement notice or their prepaid membership agreement number.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
2/26/2018
Case Name
In re: 24 Hour Fitness Prepaid Memberships Litigation, Case No. 4:16-cv-01668, in the U.S. District Court for the Northern District of California. This caption include consolidated cases 3:16-cv-01668-JSW and 3:16-cv-02359-JSW.
Final Hearing
6/1/2018
UPDATE: The 24 Hour Fitness Prepaid Membership Class Action Settlement was granted final approval on June 8, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
www.PrepaidMembershipSettlement.com
Claims Administrator
24 Hour Fitness USA Inc.
Prepaid Memberships Settlement – 5753
c/o Rust Consulting
P.O. Box 2616
Faribault, MN 55021-9616
1-888-773-8392
Class Counsel
Rafey S. Balabanian
Eve-Lynn Rapp
EDELSON PC
Timothy N. Mathews
Catherine Pratsinakis
CHIMICLES & TIKELLIS LLP
Kristen L. Sagafi
TYCKO & ZAVAREEI LLP
Gordon M. Fauth, Jr.
FINKELSTEIN THOMPSON LLP
Defense Counsel
Elizabeth L. Deeley
Christopher W. Keegan
Austin L. Klar
KIRKLAND & ELLIS LLP
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204 thoughts on24 Hour Fitness Prepaid Membership Class Action Settlement
I purchased my prepaid plan in 2004 for 3 year membership and was promised to pay a fixed yearly rate. I was paying that annual rate until last year, but a few days ago they rejected my bank auto transfer in early July and send me a check to return the annual payment. I called and 24 hr computer system said my account statement is no longer valid and told me I need to update. I think I will see an increase or downgrade of service or facilities like everyone here is experiencing.
I was told I was grandfathered in and would not be affected by Super fitness gyms since we only had Sport fitness in all areas. All gyms in area are now Supers and now they charge me to work out there. Nothing has resolved for years. They keep saying i have a valid point and should not pay but I never get anything resolved.
Who on here was not included in the original class action law suit, and would you be interested in starting a new one?? I think a lot of us are in the same boat.
I didn’t file a claim like I should have, but last year the rate was the same. I guess I will see what happens in January of 2021!!! Any input I would appreciate it, thanks in advance!!!!
I would be interested
I’m having this same problem. They say I have to purchase an upgrade. I purchased my membership about 20 years ago when Sport clubs were just opening.
I am in the same boat. Every 24HF near me is now a Super Sport, so now I pay an annual membership fee, but have no where to work out. I am continuing to pay so that I don’t lose my investment. Anything we can do about this?
I didn’t receive a claim form my fees haven’t increased however, I feel everyone should have been included.
I was promised my original rate which I was Grandfathered into via a Corporate contract membership more than 20 years ago. Very Frustrated. The Gym Manager has even tried calling corporate to rectify this problem. I NEVER received any claim form. I assure you I would have remitted it immediately if I had.
I submitted my claim via mail before it went to court but still haven’t received any deduction on my payment. Or any refunds on over paid dues.
I never got anything or an adjustment and have been paying double fees for years… when I was promised set in stone rate – grandfathered in and rate would never change. I was told it was for a lifetime. I remember repeatedly asking “are you sure, the annual fee will not change if I paid upfront thousands of dollars??” I wanted to be clear because I was handing over thousands of dollars to them. Shortly after I got my step mother to sign up for the same deal. She had her rate changed back but mine has never changed back.
I received it filed it and mailed it back, but neither I got my money back or my bill readjusted.
I did not receive a claim.
I did not receive a claim form.
I never Received a letter
I didn’t receive any claim form from 24hrs fitness and my membership keep increased every year. We should start another lawsuit
I agree!! They should