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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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209 thoughts on24 Hour Fitness Prepaid Membership Class Action Settlement
You guys! Why so many entitled, grumpy cats on here? I received a $300 check just yesterday. I was thrilled and surprised. That check I know in part goes towards the $100 extra that I will still be paying in November this year when my membership renews, as I have “overpaid” for 2 years in a row. That said, I still feel blessed to have a phenomenal price, and am grateful that someone else did the legwork to save me and all of us money.
Received my check in the mail. I cancelled my membership and am not surprised that there are no instructions anywhere on how to reinstate. On the other side of the check has a shipping address where postage needs to be included and a barcode on the back. I’m guessing this is the “renewal” to send in since there are no instructions. Otherwise, why would I need to send a blank postcard back with postage? Please if anyone has any idea, I think it will help a great deal of people solve this issue. Thanks
I received the check. My wife never get hers. How do I contact the people.
You should contact the settlement administrator or class counsel with your questions.
I don’t know what day it came since the post card looked like junk mail, I opened it up check for $150.00 3 yrs worth of back payments. Renewal date is next month looks good , now I’m wondering will they give me back my all clubs sports membership which they stated if I hadn’t went to a club in the last year I lost the privilege to go to them ?
Received my check today for $150. They pretty much doubled my renewal amount last year so I’m curious to see if it goes back to $50 in December.
Just got the check for $300.
How did they calculate this amount? Looks like everyone is getting about $200-300.
I’m happy that I got the check, but honestly I was expecting more. I signed up for $30/year back then and currently have been paying $220/year for the past few years. I also just renewed the membership at $220 last month.
You should contact the settlement administrator or class counsel with your questions.
Just got the check today but earlier this month I had to pay at the still higher rate!
Got the correct amount back via check today as well even including the overage i paid for my most recent renewal in june 2018 and when i called 24 hour fitness customer service they verified my next renewal rate would be the lower/corrected amount in June 2019! Best class action ive been a part of!
Who did you call about your renewal price? I got my $324.74 check in the mail yesterday; however, my renewal is still for the escalated price and it will expire at the end of the week. I don’t want my account to lapse, but I also don’t want to pay the inflated renewal price then have to deal with trying to get another refund. Any advice would be appreciated. Thank you!
I called the regular customer service line at 24 hour fitness at 1 800-432-6348 and asked about my renewal rate. They told me the rate even though its all the way in June of 2019. I will call again to confirm but maybe you can reference the class action to see if someone can escalate the original amount stated in your contract. I believe you can find the original contract signed online or could so in the past but i can no longer find it
What year did the rates increase?
My rate went up when I had to renew in August 2015. My check only covered three of the four years of overpayments.
Yay!!! I just received my check in the mail today for $200
I just got mine too!!! $300. My current annual paid membership, at the higher rate, won’t expire till 4/19 so I won’t know till next year if my rate gets reduced to the original contracted amount, as it is supposed to, till then. I will have to wait and see and keep my fingers crossed.
Forgot to mention in my reply, that the check came in “postcard” form. When you tear it off at the perforations you are left with another postcard with the 24 Hour prepaid membership settlement -5753 address on one side and a place to write a name, address, city, state and zip code on the other. No instructions on what is supposed to happen with this card. Mail it back? Throw it out?? What will happen if you don’t send it back??
Anyone know about this???
I didn’t even notice that… I guess we fill it out with our name and address and send it back? It can’t hurt, right? Hmmmm….
I cancelled due to the increase, and submitted my paperwork in time as requested, which they were supposed to allow me to rejoin at my previous annual rate. I have called twice, and they stated I have to wait to be contacted to rejoin. They have never sent anything, mail, email or phone call.
I just checked my status on 24 hour fitness’s website, and it shows my membership as active. Before it showed it as cancelled. For those that have their membership cancel by 24 hour fitness, and you send in the reinstatement letter, check your account online to see if your account is being reinstated. Time to pump some iron again.
Two 24 hour members here in our household. we both filed a timely claim because we have now had our yearly membership increase twice. I have not received any communication from 24 our fitness. My yearly dues came up this month, they told me that nothing was noted in my account of any change of dues. I went ahead and paid the increased amount yet again. I researched online and facebook. I do not know anyone that has heard anything from 24 hour fitness and the deadline to contact us was supposed to be August 23rd.
The settlement website states checks were mailed 8/20/18. You can always contact class counsel with your concerns. Counsel is listed in this article and on the settlement website and can be Googled for contact information.
Still haven’t received my check and I’m guessing nobody else has since no one has posted that they have.
Check received!
P.S. the checks are 4×6 apprx sondont throw them out as junk mail!
Finally got my check this afternoon. However, it does not include the $50 overpayment I made on July 19th. I hope I get a credit for the overpayment otherwise I will file a complaint.
Exactly the same with me, except we’ve paid the increase now for about 4 years! My husband and I have a membership and we’re due to make our yearly payment by the end of this month. We’ve been holding out to see if we get that magic letter in the mail telling us that our dues will go back to the original amount. That’s yet to be seen. I guess I will try to contact the counsel. Good luck to you!