Orangetheory Class Action Says Gym Contracts Violate Illinois Law

Ultimate Fitness Group LLC d/b/a Orangetheory Fitness and a Chicago Orangetheory franchisee are facing a class action lawsuit that alleges the gym’s contracts mislead consumers about charges that follow membership cancellation.

Plaintiff Stuart Robertson says he visited Orangetheory Fitness LLC Chicago on March 14 to attend a free session that he was offered. After the free session, he signed up for an Elite Membership with the health club.

According to the Orangetheory class action lawsuit, Robertson was charged $129 for the monthly membership on March 15 after allegedly being overcharged for a more expensive plan.

Robertson says he was not provided a written copy of the contract he signed, but he says he had seen promotional materials that indicated Orangetheory’s policy was to allow cancellation of membership with 30 days notice.

The Orangetheory class action lawsuit also points to a web page that offers prospective members a free class, and that page reportedly includes an icon stating there is a “Money Back 30 Day Guarantee.”

On March 16, Robertson says he emailed the studio manager to let him know he was considering other gyms and might decide to cancel his membership.

“The studio manager responded on March 19, with an email stating that if he did choose to cancel, he would be billed one more time in April – on April 15th, and that he would need to fill out documents in order to do so,” the Orangetheory membership cancellation class action lawsuit says.

Robertson clarified with the manager that the membership agreement essentially involves a two-month minimum agreement if a customer signed up for a membership and cancelled it the same day.

At the time, Robertson says he was unaware that Illinois provides consumers the right to cancel within three days and receive a partial refund, “in part because he had not been given a copy of the contract he signed with Orangetheory Fitness containing the disclosure of that right.”

According to the Orangetheory class action lawsuit, Robertson said he did not agree to pay for a second month and told the studio manager that he would simply block the credit card payment. The studio manager allegedly said his account would be sent to collections if he did so.

Robertson filed the Orangetheory class action lawsuit on behalf of himself and a proposed Class of all members of Orangetheory studios located in Illinois and who signed a contract with a cancellation provision offering a partial refund for cancellations within three days.

The Orangetheory membership cancellation class action lawsuit asserts claims for violations of the Illinois Physical Fitness Services Act, the Illinois Consumer Fraud Act and breach of contract. Robertson is seeking damages, injunctive relief, attorneys’ fees and costs, and other relief the court deems proper.

Robertson is represented by Daniel Edelman and Tara Goodwin of Edelman Combs Latturner & Goodwin LLC.

The Orangetheory Membership Cancellation Class Action Lawsuit is Stuart Robertson, et al. v. Perloff Providence Studio 2 LLC d/b/a Orangetheory Fitness LLC Chicago, et al., Case No. 2018-CH-4753, in the Circuit Court of Cook County.