Sarah Mirando  |  January 13, 2012

Category: Legal News

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Bally Total Fitness Lifetime Membership Class Action Lawsuit

By Matt O’Donnell

 

Bally Total FitnessBally Total Fitness has been hit with a federal class action lawsuit accusing it of depriving lifetime members of gym privileges by selling their memberships to LA Fitness, and in one case, telling a member he had to drive 5 hours to use his membership.
 
The Bally Total Fitness class action lawsuit is accusing the company of Consumer Fraud and Deceptive Business Practices for selling many of its life-time memberships and many of its clubs to LA Fitness, who is also a defendant in the case.
 
The problem, the class action lawsuit argues, it that there are geographic areas in the U.S. that do not have LA Fitness clubs, and Bally clubs that are in full operation no will no longer honor the membership contract. 
 
“For other potential plaintiffs throughout the U.S., there are no LA Fitness facilities nearby at which they can workout. For others, Bally did not assign their contract to LA Fitness, but did sell all of the Ballys in their geographic area to LA Fitness,” the class action lawsuit states.
 
The lead Plaintiff in the case, who lives in the Chicago area, was told by Bally that he can workout, but that he must do so in a St. Louis, Missouri, Bally club.
 
In other cases, the class action lawsuit continues, there is a LA Fitness facility nearby, but LA Fitness will not allow access to the club by former Bally members unless they buy a new membership.
 
The class action lawsuit is brought on behalf of all persons who own or did own a Bally lifetime membership. It is seeking compensatory damages, including statutory damages, and a Court order permanent restraining Bally and LA Fitness from not honoring Bally’s lifetime memberships.
 
A copy of the Bally Total Fitness Lifetime Membership Class Action Lawsuit can be read here.
 
The case is Juan Dorado, et al. v. Bally Total Fitness Holdings Corp. and LA Fitness International, LLC, Case No. 12-cv-137, U.S. District Court, Northern Illinois, Eastern Division.

 

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Updated January 13th, 2012

 

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106 thoughts onBally Total Fitness Lifetime Membership Class Action Lawsuit

  1. Keith says:

    I have/had a lifetime Ballys membership and I paid to reduce the dues to $2/month for life (I spent an additional $475 after the membership was paid in full.). I still have the contract. Ballys was sold to Blast and they immediately closed all of the Bally Clubs and then closed the only Blast in the area. My membership does not expire until 7/31/15, but they cancelled my membership when the club closed. I am out $1300 total on the Ballys/Blast membership. How do I get in to the class action suit?

  2. MANLEY says:

    JOINED BALLYS 1988 FOR QUITE A BIT OF MONEY PLUS $60 YEARLY TO MAINTAIN. THIS WAS A GOLD MEMBERSHIP, PREMIER PLUS, GOOD FOR USE ALL OVER THE USA. 24HOURFITNESS PURCHASED MY CONTACT, SO I AM TOLD. HOWEVER, I AM CONFINED TO ONE GYM, ONLY ONE GYM UNLESS I PAY $40 MONTHLY. THIS SOUNDS LIKE A DOWNGRADE FROM WHAT I HAD. IF 24HOURFITNESS TOOK OVER MY CONTRACT, THEY NEED TO GIVE ME EXACTLY WHAT I HAD WITH BALLYS. I WANT TO BE PART OF THE CLASS ACTION. AM I TOO LATE? ANY ADVICE?

  3. Tony says:

    Just found out my lifetime membership at Blast would no longer be honored. Started out as President and First Lady in 1983, then Ballys, and a few years ago sold out to Blast. Now it’s been transferred to Golds which is about. 20 mike drive compared to my 1/2 mile now. Do any of us have any recourse?

  4. Lisa Contreras says:

    Anybody got any info on this lawsuit? There are plenty more angry members that have outright lost their memberships because of this non-sense.

  5. Helsie says:

    I was a member of Bally since I was 17 in 1993 and I have always used my membership. I became pregnant and had two children in 3 years and was not able to exercise until now. I went to the gym but was told that Ballys no longer exist. I live in New York and I have paid my fees since 1993 except for the last 3 years due to my high risk pregnancies. It is unfair that I have to buy a new membership when I used to pay about $12 dollars a month. Is there anything I can do because that is unfair to me as an old member who sacrificed as a teenager only to be let down by Bally’s when I really need them.

  6. F Wilson says:

    I’m running into similar issues with LA Fitness after being a Ballys member since 1987

    Has anything happen with this class action lawsuit.

  7. Ray Taylor says:

    I’ve been a premier member since 1993, Bally closed all locations in my city and state… can’t seem to get any help from them in transferring to another Gym… was told by “Jennifer” #1466 that I no longer have membership with bally… when I bought my membership, it was called a lifetime membership (I think I’m still alive)(later in years they called it a premier member), and in case of bally not being within reasonable distance to drive that I could use other gym with my membership… I’m waiting on a call from someone higher up in the organization to hopefully hear some kind of good news, otherwise I would like to join the ranks of the on going lawsuit against them. (I don’t believe in suing, but I do believe in karma!)

  8. joe michaels says:

    LA fitness did not buy the bally company, they just bought the locations. Asking LA to honor a bally contract is like me asking you to honor a bally contract. If you ( or me ) paid for a lifetime contract with bally, we should have know that the contract would only last as long as bally did, or the bally locations did.

  9. Pat says:

    It is nice to see how many people are getting involved with this lawsuit against Bally’s and La Fitness.
    I have not been to the gym in many years and had not been aware of what Bally’s and La Fitness were doing to their members. Yesterday I found out first hand when I went to La Fitness in Levittown, NY. I too have a premium lifetime membership. I still have my original contract so if they could use it in the lawsuit I am willing to let them use it. This is very typical of gyms; they kick out the old people that have supported their gyms year after year only to prey on the younger people in order to get their money and eventually rip them off too.
    The only way to win this lawsuit is to tell everyone you know about the injustices of these companies and not to let up and pay new amounts to these gym. They expect people to just give in and buy new memberships or fool them into new contracts. I have read many of the comments people have posted and this is just what they are doing. I also contacted some of my friends who have given up their memberships either to just join other gyms or add on extra charges. This gym madness must end. Now that the weather is getting better, get up and walk, run, rollerblade, buy some weight etc. If people just realize they really don’t need gyms to stay in shape and not buy longtime commitments. If everyone cut back on gym memberships the industry would have to step up to the plate and give better service like they once did
    back when gyms first started in the 70’s. I know that many of us buy these memberships and either don’t use it or else have a hard time getting out of contracts,and the companies just continue to charge their credit cards.

    I am new to this cause but I think it is a cause that needs to be addresses and not to be forgotten. Remember, talking to everyone about the injustice is the best way to bring change to this industry.

  10. Ryan says:

    You guys should have read this before signing the contract:
    ***POSTED ON BALLYFITNESS.COM WEBSITE***

    WAIVER AND RELEASE (Not applicable to members in Massachusetts, New York, Rhode Island)
    You agree that if you engage in any physical exercise, class or activity, or use any club equipment or facility on the premises, you do so at your own risk. You agree that you are voluntarily participating in activities and use of the facilities and premises (including the parking lot) and assume all risk of injury, illness, damage or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property. You agree to release and discharge us (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action (known or unknown) arising out of our negligence. You acknowledge that you have carefully read this Waiver and Release and fully understand that it is a release of liability. You are waiving any right that you may have to bring a legal action to assert a claim against us for our negligence.

    (Language below applicable only to members in Massachusetts, New York, Rhode Island) You agree to assume all risk of damage, loss or theft to or of any personal property.

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