LOS ANGELES (Legal Newsline) – A Los Angeles County, California consumer alleges a gym is unlawfully charging him for two accounts.
Brent Maggard, individually and on behalf of all others similarly situated, filed a complaint on Feb. 15 in the U.S. District Court for the Central District of California against Fitness 19 LLC and Does 1-10 over alleged violation of the Electronic Funds Transfer Act and other counts.
According to the complaint, the plaintiff alleges that in 2016, he signed up for a membership with Fitness 19 and entered into an auto-debit plan. He alleges that unbeknownst to him, Fitness 19 allegedly opened a new account for him, reactivated his old account and began billing him monthly for both plans.
Despite his requests to cancel all his memberships and revoking his consent for auto-billing, defendant allegedly continues to automatically charge him for both accounts and claims it has happened to other gym members.
The plaintiff holds Fitness 19 LLC responsible because the defendant allegedly continues to deduct funds twice monthly from his accounts on a regular basis without authorization and failed to provide consumers, nor executed, any written or electronic writing memorializing or authorizing one set of the recurring or automatic payments.
The plaintiff requests a trial by jury and seeks statutory damages of $1,000 per class member, actual damages, attorneys' fees, costs, injunctive relief, prejudgment interest, any other relief the court deems appropriate. He is represented by Todd M. Friedman, Adrian R. Bacon, Meghan E. George and Thomas E. Wheeler of Law Offices of Todd M. Friedman PC in Woodland Hills, California.
U.S. District Court for the Central District of California case number 8:18-cv-00263-CJC-JDE