Xperience Fitness Class Action Alleges Unauthorized Charges

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Xperience Fitness gym members are strong-armed by the company into overpaying on their gym memberships and for personal training they don’t want, a class action lawsuit claims.

Lead plaintiff Paul Wesolowski states that Vertical Fitness Corp., also known as Xperience Fitness, runs 17 facilities in Wisconsin and Minnesota.

According to the Xperience Fitness class action, in addition to offering gym memberships, the company offers “no pressure” personal training services, operating as Club 7776.

“When an Xperience member requests personal trainer services, he or she signs a ‘Training Agreement’ with Club 7776,” states the Xperience Fitness class action. “The Training Agreement is separate from the Membership Agreement with Xperience.”

The plaintiff claims that gym members are then charged for personal training services through a third-party billing system.

Wesolowski says that in August 2018 he joined Xperience Fitness for $21.99 a month. The plaintiff claims that he also purchased a personal training package at the price of approximately $350 a month.

However, he says that he was never provided a copy of the agreement related to the personal training package.

According to the Xperience Fitness class action lawsuit, Wesolowski discovered that same month that he did not have enough time to complete the personal training that he had signed up for and he wanted to cancel the package. The plaintiff says he returned to the gym and cancelled the agreement.

Or so he thought, according to the Xperience Fitness class action lawsuit.

Wesolowski alleges that a few months later, Xperience Fitness employees began “hounding” him about returning to personal training on the rare occasions he visited the gym.

To make matters worse, Xperience Fitness, though Club 7776, racked up more than $2,500 in charges for the personal training that the plaintiff says he cancelled.

Further, the plaintiff says the gym has been overcharging him for his regular membership.

“Plaintiff did not authorize Xperience or Club 7776 to charge Plaintiff’s Wells Fargo debit card for the training sessions. Plaintiff canceled the Training Agreement, of which he had not previously been provided a copy, on September 14, 2018,” alleges the Xperience Fitness class action lawsuit.

The class action lawsuit claims that Xperience Fitness violated the federal Electronic Funds Transfer Act as well as Wisconsin state law regulating fitness centers.

Under Wisconsin law, says the plaintiff, he and other gym members are entitled to double damages for being overcharged by Xperience Fitness.

“Xperience’s representative represented to Plaintiff, before Plaintiff entered into the Membership Agreement or any other agreement, that Plaintiff would be charged $21.99 per month for the ‘Fit’ membership,” alleges the Xpereince Fitness class action lawsuit.

“Xperience’s representations were false… Plaintiff has been charged $68.19 per month for his gym membership since October 30, 2018.”

Wesolowski is represented by John D. Blythin, Mark A. Eldridge, Jesse Fruchter, and Ben J. Slatky of Ademi & O’Reilly LLP.

The Xperience Fitness Class Action Lawsuit is Wesolowski v. Vertical Fitness Group LLC, et al., Case No. 2:19-cv-00120, in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division.