EoS Fitness class action lawsuit overview:
- Who: Plaintiff Jeffrey Kazmucha is suing EoS Fitness.
- Why: Kazmucha claims EoS Fitness misled consumers about the benefits of its higher priced gym membership tiers.
- Where: The EoS Fitness class action lawsuit was filed in Arizona federal court.
AA new nationwide class action lawsuit accuses EoS Fitness of misleading consumers into paying for higher priced gym memberships that did not offer the promised exclusive benefits.
Plaintiff Jeffrey Kazmucha claims that EoS Fitness marketed its higher-tier memberships as offering exclusive access to premium amenities and equipment, but in reality, the same features were available to all members regardless of membership level.
Kazmucha says he paid for the most expensive membership tier, believing it would grant him access to superior facilities, only to discover that the amenities were available to all members.
EoS Fitness membership tiers offer no additional benefits, plaintiff says
EoS Fitness operates in the “High Volume-Low Price” fitness segment, offering three tiers of memberships at different price points, the EoS Fitness lawsuit says.
The company allegedly lures consumers into paying for more expensive memberships by promising access to superior features and amenities. However, Kazmucha claims that EoS does not enforce restrictions on access to these premium amenities, making the higher-tier memberships a “naked cash grab.”
Kazmucha says he is bringing this lawsuit on behalf of himself and other EoS members to recover the inflated fees they paid for what he describes as “meaningless premium memberships.”
The EoS Fitness class action lawsuit asserts claims for unjust enrichment and breach of the covenant of good faith and fair dealing. Kazmucha seeks to represent a nationwide class of consumers who purchased EoS memberships above the base package.
He is demanding a jury trial and is seeking an award of actual, general, special, incidental, statutory, punitive, exemplary and consequential damages and restitution.
In related news, women’s sportswear and activewear company Fabletics is facing a lawsuit claiming its subscription-based VIP Membership offers unfeasible benefits.
What do you think of the allegations made in this EoS Fitness class action lawsuit? Join the discussion in the comments.
Kazmucha is represented by Leonard W. Aragon and E. Tory Beardsley of Hagens Berman Sobol Shapiro LLP and Katherine M. Aizpuru, Gemma Seidita and David Lawler of Tycko & Zavareei LLP.
The EoS Fitness class action lawsuit is Kazmucha, et al. v. Fitness Alliance, LLC, et al., Case No. 2:25-cv-01485, in the U.S. District Court for the District of Arizona.
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13 thoughts onEoS Fitness class action alleges gym membership tiers are a ‘cash grab’
EOS is charging me $50 due to me freezing a account I haven’t used in over a year every time I try to cancel it it’s a hassle and now due to me freezing my account but yet they charge you $5 and yet I still never even went during those months cause of work I been waaay to stressed and tired they charge you $50 after the freeze is over and a extra $25 for membership and you can’t cancel it and yea I understand if I was using the membership and going to the gym I get it that’s scamming I could of paid it but no I was having money trouble and asked for a cancel or freeze plz until I’m able to afford it again and for what I don’t even go I been trying cancel it especially after that now I’m forced to pay $50 a month and another $25 on top for something I don’t even use ? Yes correct me if I’m wrong but I had no idea joiningthis gym again would be this bad and leaving it is absolutely absurd I been paying EŌS $25 for the past year and I haven’t even went inside one since 2024 if they cared if a person doesn’t enter the gym or scan in for more then a month the membership should automatically be terminated but since it’s them losing money they won’t since I’m paying and their getting paid it won’t, this is EOS just another greed hungry company that doesn’t even care for anything but itself, now I gotta try and cancel my membership while not getting screwed outta $75 for something I haven’t even used since 2024
Also, look into the fact that they charge insurance companies for senior’s memberships. Perhaps they are charging said insurances MORE!! GOOD LUCK!