NEW YORK (Legal Newsline) – New plaintiffs in a fourth try at a class action lawsuit against Peloton admitted they didn’t see the company’s claims at issue when purchasing their bikes.
That’s the stance of Peloton, which filed a motion to dismiss the Third Amended Complaint that features new plaintiffs Eric Passman and Ishmael Alvarado. The case, which alleges Peloton advertised an ever-growing library of digital content but lost more than half its song catalogue, is being pursued by attorneys at DiCello Levitt Gutzler in New York and Keller Lenkner in Chicago.
Most recently, they lost their attempt to assert New York claims with a plaintiff from Michigan.
“Plaintiffs’ fourth bite at the apple fares no better than their prior three,” the motion says. “Despite a lawyer-driven search to find substitute plaintiffs in a sea of over 2,700 claimants, the (TAC) suffers from fatal deficiencies, some of which directly prohibit claims brought by the two new named plaintiffs…”
The TAC was filed Feb. 18 on behalf of proposed classes of nationwide and New York purchasers.
“Both plaintiffs generally assert that Peloton deceptively represented on certain pages of its website that its on-demand library of classes was ‘ever-growing’ or ‘growing,’” the motion says.
“However, neither Plaintiff alleges that he ever saw any ‘ever-growing’ or ‘growing’ statement on Peloton’s website (or anywhere else) before deciding to purchase a Peloton bike and/or membership subscription.
“Nor do plaintiffs allege that they visited Peloton’s website or otherwise were exposed to any advertisement describing the class library as ‘ever-growing’ or ‘growing,’ either when making their purchases or at any other time.”
Peloton slashed its song catalogue after the National Music Publishers Association sent it a cease-and-desist order that resulted in a $150 million lawsuit by several of the group’s members.”