Club Metro USA LLC faces a $5 million putative class action lawsuit, which was removed to a New Jersey federal court on Thursday, that alleges the fitness center franchise continues monthly membership dues despite the expiration of initial terms.
Lead plaintiff Paul Logan of New Jersey has accused Club Metro of violating multiple New Jersey laws for continually renewing his club membership fees despite multiple attempts to end his association with the fitness center.
According to the Club Metro membership class action lawsuit, Logan claims that he signed up for a health club membership agreement with Club Metro in 2010 for a one-year membership at the cost of $21.39 per month, with a $50 enrollment fee and a $19.99 club enhancement fee.
Logan alleges that the membership agreement included an “automatic renewal” which means that he would continue making monthly membership dues after the one-year membership expired until he issued a written notice that he was canceling his membership.
The Club Metro class action lawsuit claims that “the contract is drafted to discourage ‘cancellation’ of the automatic renewals, rejecting any cancellation unless in writing, delivered by registered mail, return receipt requested, and providing that the cancellation is not effective until 30 days after it is received, thus requiring customers to pay for health club services they do not want or need.”
Logan alleges that he verbally notified the fitness center that he wanted to discontinue his membership but it wasn’t until 18 months later that he sent a written letter to the club indicating that he wished to end his membership.
Club Metro continues to “harass” Logan for the $213 in monthly fees they claim they are owed due to the perpetual membership renewal, the class action lawsuit alleges.
Logan claims Club Metro’s practice of continual membership renewal violates the New Jersey Consumer Fraud Act, New Jersey’s Retail Installment Sales Act and the Truth in Consumer, Contract and Warranty Notice Act.
Based on the Club Metro class action lawsuit allegations, every potential Class Member could be entitled to receive $1,100 in statutory damages and $100 per TCCWNA violation. They could also be entitled to recover damages from the club enhancement fee and the enrollment fee.
Logan is also requesting that future Class Members are reimbursed for any monthly dues paid beyond the initial one year membership term.
If approved, the Club Metro membership class action lawsuit would be open to all Class Members who are current New Jersey residents who, within the last six years, entered into a membership agreement for any Club Metro New Jersey facility that was the same as or substantially similar to the lead plaintiff’s agreement.
Logan has also proposed a Subclass that would be open to all Class Members who sent communication to the defendant in order to discontinue services after the initial membership period expired but were charged membership fees for subsequent months regardless. He expects the Class could include more than 2,500 members.
The plaintiff is represented by Joseph Lopiccolo of Poulos Lopiccolo PC.
The Club Metro Membership Contracts Class Action Lawsuit is Logan v. Club Metro USA LLC, et al., Case No. 2:15-cv-06773, in the U.S. District Court for the District of New Jersey.
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2 thoughts onClub Metro Faces $5M Membership Contract Class Action Lawsuit
I have a comment regarding club metro my card was being charge after they were close due too Covid they were charging me every month wild the gym was close when they finally open back they didn’t send out no notification that they reopened so I was out for months after walking too the gym and finding out they were open after my year was over they renewed my yearly without any notice or call I called the place I spoke too someone that had told me that I owed over 300 dollars without any notice what can I do too process for help
How can I be a part of this? I tried cancelling my membership in November of 2015 where I was first told I could not cancel, because my One year contract has not finished yet. I told them that was not true so they looked a little bit more into the system and I was told I joined Three years ago. Instead of being able to cancel right there by requesting it, I had to send a written form to their collection agency to stop collecting money from me. To me this does not make sense. They have the ability to immediately take my money from me And put in their system the ability to Continue taking money from me, but they can’t cancel that through their own systems… I have to go through a different company. I understand maybe if I had to give THEM the written consent form, but not mail it to another business. Also said that I have to pay for the next month of membership if I wanted to cancel too. If someone stops paying membership, they should just cancel their membership and Not permit them into the facilities. It should be very similar to a person renting an apartment. Once they stop paying rent, they get kicked out. However, Club Metro, even if you express your cancellation to them, stop going to the gym, and stop paying them, will keep (attempting to) bill you. Their location was also shut down recently and I have not been to the new gym, because they changed it drastically. I have not been in a few months now and want to cancel my membership. Their website does not contain access for the customer to cancel. It only says to find cancellation rules on the back of membership agreement, which I asked for and they have never given to me.