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Fitness Evolution is facing a potential class action lawsuit that alleges the gym facility takes money from debit accounts without the permission of its members.
Plaintiff Jogert Abrantes says he signed-up for a membership with Fitness 19 and his account was then transferred to Fitness Evolution in January 2016.
Abrantes claims that he entered into an agreement which authorized Fitness 19 to deduct $24 a month from his banking account for a gym membership.
However, Abrantes alleges that when his account was transferred over to Fitness Evolution, the company started deducting more than the $24 a month without his consent.
The Fitness Evolution lawsuit holds that the plaintiff never provided any sort of authorization to deduct any money from his account other than the $24 for the membership dues.
The complaint alleges that this action by Fitness Evolution is a violation of the Electronic Funds Transfer Act.
The Electronic Funds Transfer Act was passed by Congress in 1978 and approved by President Jimmy Carter. It regulates wire transfers, credit card activity, direct deposit / direct debit, and other forms of electronic money transfer.
The law clarifies the rights of consumers and the rights of banks during electronic funds transfers. One of the most basic provisions is that it requires a person’s permission to deduct money from their accounts.
“Despite not providing written or electronic authorization for payments to be drawn from their accounts, Defendants took unauthorized payments from Class members’ accounts,” the lawsuit states.
Abrantes further claims that Fitness Evolution did this on a recurring basis without the preauthorization from potential Class Members.
The lawsuit states that there are hundreds, if not thousands, of Fitness Evolution gym members who had similar experiences as Abrantes making a class action the easiest way to pursue this litigation.
“The Class is so numerous that the individual joinder of all of its members is impractical,” the lawsuit contends.
If approved, the Fitness Evolution class action settlement would be open to all U.S. Class Members “whose bank accounts were debited on a reoccurring basis by Defendants without Defendants obtaining a written authorization signed or similarly authenticated for preauthorized electronic fund transfers within the one year prior to the filing of this Complaint.”
Abrantes is seeking $1,000 per Class Member in statutory damages pursuant to the Electronic Fund Transfer Act.
The plaintiff is represented by Todd M. Friedman and Adrian R. Bacon of the Law Offices of Todd M. Friedman P.C.
The Fitness Evolution Class Action Lawsuit is Jogert Abrantes, et al. v. Fitness Evolution LLC, Case No. 1:16-cv-00903-LJO-SKO, in the U.S. District Court for the Eastern District of California.
UPDATE: The Fitness Evolution Class Action Lawsuit was dismissed on December 27, 2017.
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11 thoughts onFitness Evolution Class Action: Gym Takes Money Without Consent
Beware of this company. I canceled my membership at the Martinez location in 2017 and realized recently that they had continued to charge me under the name “club systems” (which I thought was my Audible membership, so I didn’t inquire about it). I stopped the charges, but after repeated attempts to inquire about a refund, I have never received a call back from the corporate office in Livermore or the customer service people at the cancellations phone number/email address. This is so unethical and poor. I am planning to tell everyone I know to boycott this company.
Same thing has happen to me. This has been going on for a few years and they have closed. But been taking money every month from my account and a yearly membership fee.
Who can I contact about joining this suit?
How Do I join in this Class Action Suit?
Who do I contact about this charge?
They took money out of my account to. I tried to put it on hold because of surgery and they told me i could not because I was to late that month then tried again and they did hold for 2 months then told me i could not put it on hold again because I did it once and that was all I could do.
I would like to join the class action lawsuit as well. I recently froze my account due to poor gym equipment and have since been charged twice in the same number of weeks. I have spoke to multiple location managers and even sent emails to customer support and the facilities showing the withdrawn amounts from my account.
I was just charged 110.97 on a credit.card i never gabe them information for… my previous card had expired and i never updated with tjem because thwy owed me 370.00 in trainer fees they jad feozen so no trainer wpuld train me then a medical condition eliminated any non mesical peraonnel doing any of mu physical conditionimg…
Same happened to me
I was just charged 110.97 on a credit.card i never gave them information for… my previous card had expired and i never updated with them because they owed me 370.00 in trainer fees they had frozen so no trainer wpuld train me then a medical condition eliminated any non mesical peraonnel doing any of mu physical conditionimg…
They have taken out of my account 720 dollars due to i had a agreement for a phiscal trainer for 6 months. I took it as when he said reaccuring payments that it was for the 6 months. When it eneded i thought it was done. No they took out 360$. Then i went in an found out they did that. I signed a agreement to stop payments an cancel my gym memebership. Then this month they took out the money again.