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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26 thoughts onEoS Fitness class action alleges gym membership tiers are a ‘cash grab’
Simply deceitful from the start. Join for $1 was what got me in the door. Then I was told I would receive a discount if I put my two children on a family plan with me. I was also told that if I signed up for a personal training session it would be free. All of this was false and over a year later they are still taking money from my account. They recently took over $145 from my account in addition to a separate monthly fee for each of my family members, claiming it was an annual fee. First of all, I was never told about an annual fee. They would not let me talk to a financial rep. Rather they told me that the annual fee was for general upkeep costs for the gym. OK, what are the monthly fees for then? Over the last year I have paid $170/ month for a personal trainer I’m not using and $72/month for my “family plan” and now an annual fee of over $145. I have repeatedly tried contacting customer service and speak with financial managers to cancel. They assure the cancelation is submitted and that I should not be charged again. Yet, the money continues to be taken from my account. I have even contacted my back to dispute the charges. In short, they have taken over $3000 from me and I need help getting them to stop taking my money and would like to prevent them from doing the same to other people with their deceitful business practices.