NEW YORK (Legal Newsline) – Members of a gym who purchased a special membership allege they do not have "all access" to locations as advertised.
Carly Pisarri, Aubily Remis Jasmin, Joshua Bilmes, Samantha Fahy, et al., on behalf of themselves and all others similarly situated filed a complaint on Feb. 26 in the U.S. District Court for the Southern District of New York against Town Sports International LLC and Town Sports International Holdings Inc. alleging violation of the New York General Business Law and other counts.
According to the complaint, the plaintiffs allege that they and the class opted to pay the higher-priced Passport membership instead of the single club membership to the defendants' gyms so that they could have the "all-access" to defendants' many locations as written in their membership agreements.
However, the plaintiffs allege the defendants charged additional and/or premium fees but did not provide Passport members with that agreed-upon scope of access. The plaintiffs allege the defendants have done this in an attempt to generate more revenue.
The plaintiffs hold defendants for allegedly misleading customers about the nature of the Passport Membership through misrepresentations in the membership agreements and misrepresentations on its website and advertisements.
The plaintiffs request a trial by jury and seek award of any applicable statutory damages, all other applicable damages, attorneys' fees, costs and such other and further relief that the court deems just and proper. They are represented by David E. Gottlieb and Taylor J. Crabill of Wigdor LLP in New York.
U.S. District Court for the Southern District of New York case number 1:18-cv-01737-LLS