Plaintiff Asks Judge Not to Toss Planet Fitness Class Action Lawsuit

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The plaintiff in a proposed class action lawsuit against Planet Fitness has asked the court to not dismiss the lawsuit, but rather to allow her the opportunity to offer evidence in support of her claims.

The Planet Fitness class action lawsuit, filed in federal court in New Jersey by plaintiff Marni Truglio, claims that Planet Fitness and parent company Fit To Be Tied have violated several consumer protection laws in New Jersey by the confusing wording used in their member agreements.

Truglio claims in her opposition against the defendants’ motion to dismiss the class action lawsuit that the Planet Fitness and Fit To Be Tied “appear to try and shift the burden that is required of them for a motion to dismiss and force Plaintiff to prove elements regarding the CFA [Consumer Fraud Act], HSCA [Health Club Services Act], and TCCWNA [Truth in Consumer Contract, Warranty and Notice Act] in the Complaint that the statutes do not require.”

Truglio believes that the companies misread the three statutes.

Truglio goes on to state, ““Defendants provide no information, or in some cases wrong information … for the many violations in the membership agreements, and therefore do not sustain their burden on a preanswer motion to dismiss.”

The initial Planet Fitness class action lawsuit was filed in September 2015 in state court and was later moved to federal court in November.

Truglio claims that Planet Fitness failed to clearly state the full cost for a member who chooses to cancel his or her membership.

On behalf of herself and the proposed Class, Truglio seeks damages for the fitness companies’ alleged violations of the Health Club Services Act (HCSA), the Consumer Fraud Act (CFA), and the Truth in Consumer Contract, Warranty and Notice Act (HCCWNA).

The proposed Class would include consumers who joined any of the 40 or so Planet Fitness locations in New Jersey within six years of the filing of the class action lawsuit who attempted to cancel their membership and were charged additional monthly payments as a result of doing so.

The main argument set forth by Truglio in the Planet Fitness class action lawsuit is that there is confusing wording in the membership agreement that forces members to pay at least one additional monthly payment following the cancellation of their contract.

Truglio says the misleading wording violates the CFA, and the lack of disclosure of the member’s full payment obligation violates the HCSA. Together, the plaintiff claims, these violate the TCCWNA which sets forth mandatory penalties for violations of the CFA and HCSA.

Planet Fitness is facing another proposed class action lawsuit filed in October of last year alleging the liability disclaimer in the membership contract prevents members from seeking litigation against the company and that the fitness club charged a former member two times after he canceled his membership.

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

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.