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LA Fitness Membership Cancellation Class Action Lawsuit
By Kimberly Mirando
UPDATE 6/21/13: A settlement has been reached in this case. See how to file a claim for the LA Fitness Membership Cancellation Class Action Lawsuit Settlement.
A former LA Fitness member has filed a class action lawsuit against the fitness club chain claiming the company charges monthly dues after memberships are cancelled. This is at least the third class action lawsuit filed against the company over improperly billing club members for monthly dues after they’ve cancelled their memberships.
Lead Plaintiff Amalia Sible alleges in the latest LA Fitness class action lawsuit that she sent the company a written request for termination of her and her daughter’s membership in February. LA Fitness canceled her daughter’s membership, but billed Sible for another 14 months of membership and refused to refund the fees, she claims.
Sible accuses LA Fitness of misrepresenting to customers that the Monthly Dues Membership Agreement is a monthly contract that members can sign up for and then cancel at any time without incurring any further billing as long as they follow the cancellation procedures, which include providing written notice at least 30 days prior to the next billing date.
According to the class action lawsuit, however, LA Fitness complicates this matter by collecting the last month’s dues up front.
“In order for a person to have his last month’s prepaid dues be applied to a month when he is still using the gym – and not pay an extra month of dues for a period after he has stopped using the gym – he would have to cancel at least 61 days before his desired termination date,” the class action lawsuit states.
This is not the first time LA Fitness has been accused of violating its Monthly Dues contract. In 2011, Top Class Actions reported on two class action lawsuits filed against the company over alleged deceptive billing practices. The company also reached a class action lawsuit settlement last year over allegations it improperly charged fees to members who cancelled their personal training contracts early.
Sible’s LA Fitness membership class action lawsuit is brought on behalf of all former LA Fitness members who incurred at least one additional monthly billing charge after they timely canceled their monthly membership agreements which contain misleading cancellation provisions and who will be forced to pay dues for one or more months after they attempt to cancel their memberships.
It is seeking compensatory damages, consequential damages, treble damages, punitive damages, litigation costs, attorney’s fees and interest, as well as a cease and desist order from the court to stop LA Fitness from continuing these alleged procedures.
The LA Fitness Membership Cancelation Class Action Lawsuit is Amalia Sible v. LA Fitness International, LLC, Case No. 12-cv-660, Texas Eastern District Court.
Sible is represented by John E. Collins of Burleson, Pate & Gibson and Sherrie R. Savett, Michael T. Fantini and Eric Lechtzin of Berger & Montague P.C.
Updated June 21st, 2013
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12 thoughts onLA Fitness Membership Cancellation Class Action Lawsuit
Add me. I had this membership in 2006.
The same thing happened to me. I canceled my membership before moving to another state. We moved away from Florida one year and 5 months ago they keep charging me whole this time to my credit card total of $ 3142.00. What should we do?