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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
I filled out the paper work on a timely manner and even called and made sure that it was received. I was assured that everything was good and nothing more was needed. My wife got her check and her monthly due was adjudged to $29.00, however my bill is still showing $74 and didn’t receive any check on the mail. My renewal is in two weeks and am not sure what I need to do.
I bought my membership separately (a few days apart) from my husband, and never received the form to fill out since it said 1 per house hold. He received a check and I didn’t. Am I still eligible to receive a refund and still qualify to receive one?
Thank you.
Like most class members, I received the $150 that did not include the over payment for this year paid in July. Also my annual dues have not been reduced to its original contract amount.
You can try contacting class counsel. Counsel is listed in this article and on the settlement website and can be Googled for contact information.
Could you please provide us good contact information?
I received a $150 check which appears to reflect three years of overpayments, which I have to confirm with my records. The check arrived a few days after I paid my annual renewal which had not been lowered, so I’m still due an additional $50 refund for the recent overpayment and a reduction of my annual membership.
Please post anything you did to get the extra $50 refund. I’m in the same situation. I am going to wait to see what happens. If nothing happens, I will be sending my four billing histories to the claims administrator showing I paid $200 of overpayments and a copy of my $150 check. I will be using certified mail to prove they received my letter.
I completed the online claim form in January well in advance of the deadline. I have also not received a refund check. I contacted 24 hour fitness to inquire about my dues because I’m due for renewal in October. Apparently, 24 hour fitness wasn’t informed about my claim and my dues are still $79/year. Is there a phone number where I can speak with someone about my claim? The 888 number given here is only a voicemail system.
You can try contacting class counsel. Counsel is listed in this article and on the settlement website and can be Googled for contact information.
I have not received a check either and I filled out my paperwork well before the deadline as well. There really is not an area to put comments. The only thing you can do is fill it out and then it asks if you are submitting an updated address or do you need a check reissued. Which neither is correct.
You can try contacting class counsel. Counsel is listed in this article and on the settlement website and can be Googled for contact information.
Same with me I filled it out online in January and I have not received anything.
Still waiting for my check, filled out via paperwork
I received a check for $433. Back in 2015 they raised my annual renewal fee from $29/yr to $129/yr. It was an increase of 345% in one year! So I got all of it back including taxes. I will have to wait until my next renewal to find out if they lowered my rate back to the original amount.
I just received a check for $150 in the mail today. Which is about 3 years of over-payment. I have been over paying longer than this. I have been paying the $79 for 6-8 years. I went to log in my 24 hour fitness membership account to view my billing history but it only goes back for 6 months. Is there a way I can retrieve my bill history from years ago?
You can view billing history for any six month period by entering the start and end dates. I was able to check my 2015 billing history.
Just go back 6 months payment few times until you get all the history payment. It work for me
I received a check for $150 last week for the 3 years that I paid the extra $50 (my dues went from $29 to $79). This payment included my renewal that I paid this past July.
I deposited the check, but my bank ended up refusing the deposit. They said they could not locate the source of the check (i.e. the account it was drawn from), so they basically treated it is a bogus check. Thankfully, they refunded the bounced check fee, but I am pissed! I went to the website and requested another check. Hope it does not happen again, but was wondering if anyone else had this issue.
Still have not received a new check from the settlement despite submitting two new requests in the past 2 months. I did receive a $50 check directly from 24 hour fitness, I guess for the extra dues I paid this year? Who knows because there is no explanation. The administration of the awards for this class action is a joke.
I only received a refund for one year. Genesis health club took over our memberships and made me sign a paper saying that I would pay the higher rate to them or they wouldn’t let me work out. I didn’t receive any refund for the overpayment the past three years. I just paid my annual renewal fee to Genesis, two weeks ago and it did not go down to the original agreed lifetime price. How do I get my membership down to the original lifetime agreement amount which was awarded by the court? I spoke with the Genesis manager in independence Mo, which is where I purchased my original lifetime membership and he doesn’t know anything about it… Please help! I’m on a fixed income and my silver sneakers exercise class is vital to my health. Thank you
I Don’t receive my refund check fill -out all paperwork in timely matter be a menber since 2008 What do i did yearly membership to be renew soon???
You should contact the settlement administrator or class counsel with your questions about the status of your claim.