SAN FRANCISCO (Legal Newsline) - Three customers are suing a fitness chain, alleging it raised fees on consumers with lifetime memberships.
Kevin O'Shea of California, Mark Vitcov of Oregon and Rod Morris of Texas, individually and for all others similarly situated, filed a class action lawsuit April 1 in the U.S. District Court for the Northern District of California San Francisco Division against 24 Hour Fitness USA, alleging fraud, violation of California's Consumer Legal Remedies Act, its Unfair Competition Law, and its Health Studio Services Contract Law, violation of Oregon's Unlawful Trade Practices Act, and violation of Texas's Health Spa Act and its Deceptive Trade Practices Act.
The suit alleges 24 Hour Fitness' sales representatives have used aggressive sales pitches to induce consumers into purchasing lifetime memberships to its gyms.
Under the lifetime memberships, consumers prepaid for three years of membership fees, then only had to pay nominal annual renewal fees thereafter.
The annual renewal fees, the lawsuit states, were supposed to remain constant for the rest of the member's life. However, when 24 Hour Fitness came under new ownership, it stopped honoring its lifetime fee guarantees and announced it would raise lifetime members' annual renewal fees beginning this year.
The plaintiffs and others in the class seek a jury trial, declaratory and injunctive relief, damages, interests, attorney fees and costs. They are represented by attorney Todd M. Logan of Edelson PC in San Francisco.
U.S. District Court for the Northern District of California San Francisco Division Case number 3:16-CV-01668-EDL