Town Sports International Class Action Challenges ‘All Access’ Gym Pass

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Town Sports International Inc., an East coast chain of gyms, was hit with a class action lawsuit alleging the company falsely markets an “all access” pass, but denies entry into certain facilities.

Lead plaintiffs allege in their class action lawsuit that they purchased the all access pass to the gyms, including New York Sports Clubs, Boston Sports Clubs, Washington Sports Clubs and Philadelphia Sports Clubs, under the impression they could enter any gym run by the company.

However, the plaintiffs say they found their pricy pass was not enough to grant them access to so-called “elite” or “flagship” facilities. The plaintiffs are both women who have had all access passes, also called passports, to Town Sports International facilities for years. They say they paid extra for the passes for so long because they thought they would be able to use any of the 150 gyms run by Town Sports.

“[Town Sports International (TSI)] has attempted to rebrand many gyms as ‘elite’ or ‘flagship’ and denied passport members access to these gyms, perhaps in an ill-advised effort to create a false appearance that these gyms are ‘exclusive,’” alleges the class action lawsuit. “TSI has done this in an attempt to generate more revenue by charging additional or premium fees for use of these locations. Unfortunately, while lying to consumers may sometimes be useful to TSI for creating additional revenue, it is unlawful.”

According to the class action lawsuit, TSI is one of the largest gym operators in the nation. The New York Town Sports is one of the biggest facilities, boasting over half a million members. The plaintiffs say passport memberships were sold with the promise that individuals could access any TSI facilities; however, several facilities in New York and others in Massachusetts deny entry to passport members.

“While the single club membership affords a member access to one ‘home’ location only, the higher-priced Passport Memberships afford members ‘all access’ to TSI’s many locations,” argues the class action lawsuit. “The passport membership is critical to TSI’s business model, as the ability to upsell customers to the higher­-priced membership provides for substantially increased revenue.”

The plaintiffs seek to represent a Class of passport members. They say that TSA has engaged in false advertising and also violated New York, Washington, D.C., Pennsylvania, and Massachusetts business and consumer protection laws. They also allege the gym operator has violated their contract with passport members and engaged in fraud.

“TSI’s Passport Members – including Plaintiffs – have suffered monetary damages as a result of TSI’s breach of its membership contract and misleading and deceptive consumer practices,” alleges the class action complaint.

The plaintiffs are seeking damages, including the amount in fees they paid for all access passes while under the impression that they would be able to enter all TSI clubs.

The gym members are represented by David E. Gottlieb and Taylor J. Crabill of Wigdor LLP.

The TSI All Access Gym Pass False Advertising Class Action Lawsuit is Pisarri, et al. v. Town Sports International LLC, et al., Case No. 650509/2018, in the New York State Supreme Court, New York County.