This settlement is closed!
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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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230 thoughts on24 Hour Fitness Prepaid Membership Class Action Settlement
I also paid an upfront cost and was told that our yearly fee would be $29 per year. I had no idea about the class action plan. They raised my fee last year, but I was able to get them to agree to the original amount. However, I see that they’ve raised it again. If there is another lawsuit, I’d like to be included. The club I went to shut down, so now I’d have to go further, but I still don’t want to lose the membership that we paid for back in the day.
Hello,
I along with another member has signed a guaranteed lifetime group contract together with 24 Hour Fitness in 2002 for a total of $98 a year for our memberships. A payment of $98 was being paid for several years for the both of us until we decided to pay $49 each with the permission and agreement from 24 Hours around 2010 or 2011. An employee by the Pulu Ray at the time said that we can split the $98 and pay $49 each. Mr. Ray setup our membership to be paid at $49 each. We continued paying our membership at $49 a year. In 2024, I received a noticed to pay $94. I thought it was an era due to the price was backwards. I notified 24 Hours of their mistake. 24 Hours stated that it was not a mistake. I replied, I did not receive any notices at all. I was told that notices were sent out in 2017. My account continues to show $49 until last year 2024. I just learned in 2024 that 24 Hours changed my original membership number to a different membership number. In 2002, our membership number is the same by 1 number difference. I have been ignored numerous times and lied to about sending me a copy of my original contract. I agree that another class action lawsuit should take place.
Me too. I was paying on time, almost 20 years, ($53.33) last year, they charged me $120 and now, 2025 $227.33. Ridiculus, almost 5 times increment!
I canceled my membership today, i don’t know if I can still do something. Thank you for any advice
Please call me. I am having the same problem as everybody else
I was told today that my local club just changed to a Sport and I will have to pay additional fees to enter. I just went there 5 months ago. I paid my fee as agreed. This is ridiculous. I want a refund on my original payment.
I also was never notified of the class action lawsuit. I have been a member for 19 years at $20/year and they did not run my autopay on a valid credit card in July of 2023. They never emailed, mailed, or called to notify me of a payment issue and the EXACT same card was used to reinstate my membership. Then in July of 2024, they raised my rate to $74/year. January 2025 they told me I can no longer access Super Sport gyms where I could previously. Corporate claims it is because I never responded to the settlement notification that I never received.
Time for a new class action. Include me.
Me too. I saw your website But they used a template and a responding back to people with similar language that says that they reached out through mailing and email and that is not true. Please call or email me!
I am in the same boat they did not notify me about the membership being canceled . No mail , no email nothing
I’m in the same boat. I signed up for 24 in 2007 by paying for a 3 year membership up-front, and was promised an annual renewal fee of $29. This year (2024), they increased that fee to $74. I read my contract. It states that they are not allowed to increase the fee by more than 5% per year, and no more than once per year. This new fee is over 2.5x what I was paying, so it obviously breaches our contract. I contacted 24 corporate and they said that I did not file an application to be part of the previous lawsuit and missed the deadline. I never received any paperwork, and even if I did, I had no reason to sue them because they didn’t raise my fees until after the lawsuit. I filed a complaint with the BBB, but they just stopped replying. I’m surprised they’re doing the same thing that got them into trouble the first time. If there will be a new class action lawsuit, please include me in it. Thank you.
I bought the prepaid in 2006 – $700 up front and $29 per year for lifetime. In 2015 they tripled my dues without any cause. I tried to fight it and even filed a complaint with the Attorney General’s office (Kamala Harris was AG at the time!). I was told that I had no hope because of the fine print. Didn’t matter what they sales counselor guaranteed me verbally that my dues would be $29 every year for the lifetime. I continued to pay $76/year for many years and now 2024, my dues just jumped up to $164. When I called 24 Hour, they are the ones that informed me of the class action suit (I never received any letters in the mail about it back in 2017/2018). They said that because I didn’t file an application before the deadline, then I could not benefit from the judgement in the suit. But according to one of the original plaintiff attorney’s website – “The class includes all persons in the United States enrolled in a 24 Hour Fitness Prepaid Membership as of April 2015, per the company’s records”. So therefore, if I am automatically a “member of the class” would I not be entitled to the benefits of the judgement?
Same situation as others, paying $29 annually on a Lifetime membership since Oct 2006. No mail or email communication around joining the class action lawsuit and now stuck with rate increases with no notice or communication. Access to gyms are also more limited now given many have converted to Super Sport which I wouldn’t have access to based on the membership level I signed up with initially.
In 2024 my dues have wentp 29.00 annually to $74 annually without explanation no one could give me any information other than that the lawsuit in 2018 was settled and if you submitted a paper a claim form then you would not have your life membership increase. And they also indicated that the other members of course in the same situation and upset with the increase without explanation. And they also indicated that the other members that had increases were having no luck in getting anything done and we’re stuck having to pay the bill I would like a class action suit activated or if there is one join it in reference to 24 hour fitness doing the same thing now that they did in 2016 with the new people that have that now own it please inform me of any similar class action lawsuit now being activated because I want to join I was also told that the others were in 2016 that my dudes would not increase that was a lifetime membership and that’s $29 would be the only do I would pay every year and have been for the last 17 years I was not even aware of any lawsuit in 2016 because I did not have any increases and therefore would not have any claim to make. I’m going to search to see if any lawsuits have been currently activated or activate one myself and if you are doing anything top class let me know