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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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207 thoughts on24 Hour Fitness Prepaid Membership Class Action Settlement
I had been overcharged for past 5 years of $163, include upcoming year. I have all five years of check and credit card payment copies for evidence. The 24 hr fitness customer service just had told me to Settlement website, which has no information about any claim form or instructions. Website has only two numbers to leave voicemail.
Are we really gonna get valid refund? Or do we have to use our attorney, and fees are on 24 hr fitness right?
I received my refund check for the difference of the exact amount I had overpaid while they raised dues for 3 years. The prepaid Lifetime membership was $53.02 a year, after your first 3 years. They started charging me $134 a year 3 years ago. I paid it because I refused to let it expire. They cut me a check for $243.56 for the difference but it bounced when I went to cash it. Also, these checks show up like a postcard and I’m sure many overlooked or trashed them. I almost never even saw it. I’ve researched a little and somewhere I read, if you didn’t cash it or didn’t get it, there will be letters sent out in early 2019 to claim the money from the state.
I received my reimbursement check after it was already expired. Please contact me and let me know what to do to get my reimbursement
did they ever respond to you? i have the same issue
I just received a check 2 days ago. Deposited the check but it returned. What happened?
I am in the same situation, I received $50 from 24 hrs fitness. They owed more then that. Also my son have not received any reembursement.
Who we can contact?
I am so pleased to have received justice in a world so often lacking justice. I agreed to a deal in good faith and fully expected it to be honored being this is America. When I began being overcharged more and more each year I felt so angry. When I learned of and joined this class action lawsuit I felt some relic. But when I received my check I felt vindicated. I’m still pinching myself months later. Attorneys get a lot of bad press but when I needed one I was awfully glad there was one there to fight for me.
Still no check. I called in September and they told me they were running behind and would send soon. I called today and they said they mailed a check on 9/17.. which never arrived. They also asked me if claims adjust contacted me or if I received an email. I said no, but why would they? All you need to do is mail me a check. So back to website I had to go and request a replacement check. Unbelievable that I have to chase them down for a refund check of $150
how did you get a hold of them? my check expired, it was sent to my previous address
I finally received a $50 check from 24 hour fitness which made up for the $200 they owed me but they only sent me a check for $150. I renewed my membership in August about the same time they sent out the first check so I understand why the extra $50 wasn’t included. However, I’m sure they would have dragged their heels if I didn’t complain. I sent in copies of my payments history along with a copy of the first check to the claims administrator. I demanded the missing $50 otherwise I would contact the class counsel and the OC District Attorneys. It got them of their butt.
I received my settlement check. Will my rates go back to the initial fee promised to me?
Many members didn’t received the response from 24th Fitness on this class actions; I am one of them.
I called 24th Fitness to complain about my member fee was increased from $29.99 to $79.00 about 4 years ago told them that the time I purchased the member, they sale rept said member fee for life is $29.99; they sent me a copy of my contract said they have the right to increase the annual member fee. I couldn’t argue with them because I did not want my member terminate.
I called 24th Fitness Member Service on Sept 12, explained to them my situation they said will contact the legal team then will contact me in 30 days. Today Oct 24th, I have not see any response from them.
Your situation sounds like something totally different than what this suit concerned.