Last week, a class action lawsuit was filed against a Planet Fitness in New Jersey claiming that its membership agreement contains an unlawful liability disclaimer that does not allow gym members to sue the company.
Lead plaintiffs Joseph E. Kauffman Jr. and Krystal Kauffman allege in their class action lawsuit that the Planet Fitness gym they signed up for used unfair terms in its contract that unlawfully prohibits gym members from holding the gym liable in court.
According to the class action lawsuit, a section in Planet Fitness’s contract entitled “Release of Liability and Assumption of Risk” contains a “fraudulent and unconscionable scheme to deter and prevent consumers” from holding the gym liable for wrongdoings in court.
The plaintiffs allege in their Planet Fitness class action lawsuit that they cancelled their gym membership, but Planet Fitness continued debiting their account for two months — an “ascertainable loss,” according to the plaintiffs.
Additionally, gym members must pay an annual membership fee of $39 as well as a $59 cancellation fee if they end the membership for any other reason other than death or permanent disability, moving 25 miles from the gym, if the gym closes for 30 days or more or doesn’t open by the start of the membership, and if the member suffers any loss by breach of contract or the club’s bankruptcy, the plaintiffs allege in the Planet Fitness class action lawsuit.
According to the Planet Fitness class action lawsuit, the main issue is a disclaimer in the Planet Fitness contract that the plaintiffs allege releases Planet Fitness along with its affiliates, franchisors, employees, agents and successors from “any and all” liability.
The plaintiffs contend that the contract lets Planet Fitness escape any consequences for personal, bodily or mental injuries and economic loss or damage to the members or their spouses, domestic partners, guests, unborn children or relatives, related to the club’s negligence or the members’ use of amenities, equipment or participation in gym classes, activities, personal training or instruction.
The class action lawsuit alleges the disclaimer also releases Planet Fitness for legal consequences in the event of “sudden and unforeseen malfunctioning of any equipment,” diet and exercise instruction, and slip-and-fall incidents.
According to the Planet Fitness class action lawsuit, this disclaimer included in Planet Fitness’s membership contract violates New Jersey state law, including the Truth in Consumer Contract, Warranty and Notice Act, the Health Club Services Act and the Consumer Fraud Act.
The plaintiffs allege that state laws protect consumers from unfair membership agreement provisions “whose mere inclusion in a consumer contract would violate the rights of consumers or … deceive them into thinking such illegal provisions were valid and thereby, they would not even try to enforce their rights.”
The plaintiffs also allege violations of other state laws regarding the disclosure of total payment obligations in the contract and that the gym’s “misrepresentations, predatory, deceptive and unconscionable sales practices,” also violate various state laws.
The plaintiffs seek to represent a Class of Planet Fitness gym members who joined the gym on or after Oct. 15, 2009, along with those who were charged excessive fees. According to the Planet Fitness class action lawsuit, the plaintiffs are seeking damages of $100 for each violation of state law, as well as other damages and injunctive relief.
The plaintiffs are represented by Michael A. Galpern, Andrew P. Bell and James A. Barry of Locks Law Firm LLC.
The Planet Fitness Class Action Lawsuit is Joseph Kauffman Jr., et al. v. New England Planet Fitness South d/b/a Planet Fitness, Case No. CAM-L-3936-15, in the Superior Court of New Jersey in Camden County.
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86 thoughts onPlanet Fitness Hit With Class Action Over Membership Terms
Is this still active? I would recommend an attorney to look into the FTC’s Click to Cancel Rule (10/2024). I had a recent experience at a PF that I believe has grounds for violations of this rule. However, after reading about this case, it seems I might’ve signed away my right to fight this in court? Would love to speak to an attorney about this.
Let me know if anyone wants to start one or if I can get into a suit against planet fitness. I got covid from the gym in Jamaica ny. Never went back I stopped paying so I’m sure I owe a million by now lol jk
I was paying for this for 5 years. I have FIVE years of correspondences, mail records, everything showing I tried to cancel this and they refused or never got back to me. I was finally able to cancel online (thank god for California law) and they CONTINUED TO CHARGE ME FOR 2 ADDITIONAL MONTHS. My hands are tied here. How can we all get a class action suit going
Houston Texas Planet Fitness Member. Having issues similar to you. Got charged after canceling and got a run around. Told to deal with it through my bank. Rejoined at lower price but Home Gym which was to open in Nov of 2024 was delayed until June 2025. Billed late charges because I had one form of payment ( My original gym manager and i discussed and he approved of just having a credit card as payment as they were taking out wrong amount and at a time when i was not a member Manager said this was a choice i could use and so a card was my only payment method. ( verbally approved by Manager at Planet Fitness location ). Discovered this was false and was fine 15 dollars billing period with no notice. Manager disappeared from that location. I don’t know what happened with the Manager. I went to club and they stated they would refund last 2 months ( April and May )
But never saw refund on card. Went to question new Manager and found the refund was done as ” cash refund. ” I told the Manager who did that transaction the falsity of the refund, asked where my credit card refund was and was again told some confusing information. Told they were refunding me through ABC Finance for February and March.
I told them that it was stuff like this that was cause for lawsuits. PLANET FITNESS Manager immediately said he could no longer speak to me. I asked if there was a number I could use to get information. He refused assistance and said he could no longer talk to me as i had mentioned litigation. WTF?!?
I am a bewildered and disgruntle member in Arlington, Texas and I would like to be apart of this lawsuit. I was lied to about the upgrade policies i was told that I could change back to the minimum plan at anytime, but i was never told about any charges to do so? And unconscionable hidden adhesion clause concerning cancellation, I was never told of a fee. There was no full disclosure at all thus the contract should be null and void Ab initio ((is a Latin term meaning “from the beginning”) period. I would have never joined Planet Fitness if I was informed of this by their staff who basically misled me like a crooked telemarketer!
adhesion
Just had an issue with planet fitness not wanting to cancel my membership and continuing to charge fees they also just charged over $80 to cancel
My collage age daughter went out of state to school and set up a membership at planet fitness in that state back in 2016. We have been trying to cancel since 2017 but they keep billing me when there isn’t a gym within 60 miles from me and NO ONE has used the membership! Every time I call to cancel they say we have to go to the state she signed up in and cancel that way! It’s been beyond frustrating and I feel like they owe me a lot of money at this point! It’s fraud!
I’ve even went back, presented a signed notarized letter to the GM and they are still charging me 3 years later……..Fraud!!!!!!!