Planet Fitness Membership Class Action Filed in NJ

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A class action lawsuit was filed against Planet Fitness and franchise stores in New Jersey, alleging that their membership agreements have unfair cancellation terms and fail to disclose several notices required by New Jersey law. Planet Fitness is the brand name for a popular health club, with approximately 40 franchise stores in New Jersey, according to the lawsuit.

The Planet Fitness class action lawsuit was initially filed in state court in September, and was removed to New Jersey federal court last week.

The Planet Fitness membership agreement class action lawsuit alleges that Planet Fitness requires its franchise stores to use its contracts, which “obligate their customers to automatically and perpetually renew their contracts by imposing unreasonable and unduly onerous requirements to cancel their health club memberships.”

Plaintiff Marni Truglio’s membership agreement says she could cancel her membership “by the 10th of the month,” but another section requires “thirty days notice” in order to cancel. The class action lawsuit claims that “in reality, the written notification must be completed within thirty-seven (37) days notice.”

According to the Planet Fitness class action lawsuit, “This confusing and/or misleading language in the Membership Agreement results in many consumers being forced to pay for, at least, one additional month of membership at [Planet Fitness] health clubs after they cancel the contract.”

In addition, the Planet Fitness membership agreement class action lawsuit alleges that the membership agreements fail to clearly state the total cost to the consumer up front. Truglio’s membership agreement reportedly stated her first month’s prorated fee of $11.33, the monthly membership fee of $19.99, and the one-time annual renewal fee of $39.00, but did not state the total. According to the Planet Fitness class action lawsuit, “Given that the Membership Agreement is for a minimum of 12 months, it fails to set forth the total payment obligation of … $270.22.”

Finally, the Planet Fitness class action lawsuit details several terms and notices required by New Jersey law for health club membership contracts that are missing from Planet Fitness membership agreements. Such notices include the right to cancel within three days, and that a bond is filed with a state agency for consumers harmed by the health club, among others, according to the class action lawsuit.

The Planet Fitness membership agreement lawsuit seeks to create a Class of everyone who has joined a Planet Fitness club in New Jersey using membership agreements similar to the agreement detailed in the complaint. The class action lawsuit seeks damages for all Class Members who were charged by a Planet Fitness franchise after trying to cancel their memberships, fines for each violation of New Jersey law, and to stop Planet Fitness and its New Jersey franchise health clubs from using its current membership agreement.

In addition to the main company Planet Fitness, the class action lawsuit names Fit to be Tied II LLC, the company that owns the Planet Fitness franchise Truglio joined, as well as other unnamed Planet Fitness franchises and owners in New Jersey.

Plaintiff Marni Truglio is represented by Joseph K. Jones and Benjamin J. Wolf of the Law Offices of Joseph K. Jones, LLC.

The Planet Fitness Membership Agreement Class Action Lawsuit is Truglio v. Planet Fitness Inc., et al., Case No. 3:15-cv-07959, in the U.S. District Court for the District of New Jersey.

UPDATE: On Aug. 23, 2016, Planet Fitness opposed a plaintiff’s motion to reconsider the dismissal of several claims in a class action lawsuit alleging the fitness chain fails to state total payment obligations in members’ contracts and violates various state consumer protection laws.