Los Angeles, CA: LA Fitness is facing a consumer fraud class action lawsuit filed by a former club member who alleges the business continues to charge monthly fees after membership is cancelled.
Amalia Sible, lead plaintiff in Amalia Sible v. LA Fitness International, LLC, Case No. 12-cv-660, Texas Eastern District Court, alleges she sent the fitness company a written request for termination of both her and her daughter' membership in February. According to the lawsuit, LA Fitness canceled her daughter' membership, but billed Sible for another 14 months of membership and refused to refund the fees.
Therefore, the lawsuit claims, LA Fitness misrepresents the Monthly Dues Membership Agreement to customers as being a monthly contract that members can cancel at any time without incurring any further billing, provided they follow the cancellation procedures, which include providing written notice at least 30 days prior to the next billing date.
Furthermore, the lawsuit states that LA Fitness collects the last month' dues up front, complicating the cancellation process. "In order for a person to have his last month' prepaid dues be applied to a month when he is still using the gym – and not pay an extra month of dues for a period after he has stopped using the gym – he would have to cancel at least 61 days before his desired termination date,"the lawsuit states.
This latest LA Fitness consumer fraud class action lawsuit is brought on behalf of all former LA Fitness members who incurred at least one additional monthly billing charge after they timely canceled their monthly membership agreements which contain misleading cancellation provisions and who will be forced to pay dues for one or more months after they attempt to cancel their memberships.
The lawsuit is seeking compensatory damages, consequential damages, treble damages, punitive damages, litigation costs, attorney' fees and interest, as well as a cease and desist order from the court to stop LA Fitness from continuing these alleged procedures.
Sible is represented by John E. Collins of Burleson, Pate & Gibson and Sherrie R. Savett, Michael T. Fantini and Eric Lechtzin of Berger & Montague P.C.
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I was a member of LA Fitness for a short time. I was on a month to month plan and had a personal trainer contract. i was injured, had two surgeries and was unable to use the personal trainer. LA Fitness would not let me cancel the trainer contract even though it was obvious from my condition that I could not use it. I mailed in my cancellation and assumed that it was a done deal. I have recently discovered that they have been billing me for well over a year after I mailed the cancellation.
Posted by Meerim Hamacher
LA FITNESS FRAUDULENT CHARGES AFTER MEMBERSHIP CANCELATION FOR 21 MONTH!!!!
I'M JUST WARNING PEOPLE SO THEY WON'T END UP IN MY SITUATION.
We lived in Orlando Florida for 4 years, while my husband attended the University of Central Florida medical school. We became members of LA Fitness and also got a personal trainers sessions. We had no issues at all while we were members, we were happy with our membership. My husband finished Med school and we had to move to another state for his residency program. We were in the military for more than 20 years, so we are very familiar with moving. We moved no less than 6 times in the previous 12 years, so we know the drill: start canceling services and memberships when the move approaches. We canceled everything in Orlando: utilities, local memberships, etc - including LA Fitness. In fact, I had to cancel LA fitness even earlier so we could start house-hunting and start packing, since we were very busy during that time and unable to go to the gym. So I called LA Fitness to cancel my membership and they told me that I needed to be present at their office to sign the documents before I could officially cancel the membership. I went to LA Fitness and I signed all the necessary paperwork to cancel my membership on December 26, 2017.
We moved to different state and I didn't check my credit card statement at all. My husband only recently discovered the continued charges from LA Fitness. They apparently never stopped billing us this entire time. I was billed $90.50 every month. The total of my charges was $1900.50. They charged me for 21 months of membership fees.
As soon as we discovered this, I called them immediately and asked them to give me a refund. LA Fitness customer support told me that I never canceled my membership and therefor they wouldn't give me my money back. This is fraudulent. They said that I needed to find that cancellation contract to prove it to them. I never assumed this would be a problem; in all the moves we've ever had, nothing like this has ever happened. I don't know where that document is, but there is no doubt that the membership was cancelled exactly as they requested. Moving all over the world, serving in Air force for more than 2 decades, we not one forget to cancel a single membership or any other monthly service. If LA Fitness refunds our money, we will consider the matter complete. If they do not, we will file lawsuits against LA fitness for fraudulent charges after cancelled memberships.
Posted by Gloria Backus
LA Fitness charged a debit card that I didn't even give them access to and I'm going to go into their gym today ask for all documentation and then I'm going to file a lawsuit against them myself. Good thing I'm a lawyer. This is some outrageous nonsense that they are robbing people blind and getting away with it.
Posted by Annie
I’ve got exactly problem with you guys from being trapped to 12 months personal trainer contract. I closed by bank account and stop payment from them. But somehow they still can charge me through new card. The bank explained that La fitness show the contract,so thay have to charge me again. I will dispute the charge and get credit back from the bank again. I already filed to BBB also. I will keep fighting with this nasty scam. Wonder if anyone have any solution to solve this nasty problem that La fitnes brought us. Should do something to them to prevent future victims.
Posted by Jo Wallace
Is it too late to get added to this class action suit? We have our own similar story to tell - 2 years of funds. three since told in person they were cancelling it.
Posted by Jonathan L
I cancelled my membership long ago on a different account and discovered they started new charges on a different account that I used once before but did not renew with. Sorry to say I just noticed it now.
Posted by Anika
I have cancelled my membership with LA Fitness three times. First cancellation was in April 2016). Explained that will not be utilizing the gym due to unforeseen circumstance. The agency that calls about the monthly dues was also informed that we will not be using the membership. I then sent in writing a notice to cancel my membership. They again debited from my account the monthly dues and the monthly fee for the kids club. I again made another attempt to confirm cancellation of the membership. In August I spoke to yet another representative from LA Fitness who stated that "yes" the membership can be cancelled by either completing a cancellation form or sending them the request in writing I explained I had already made two attempts and they have chose to ignore my request. This company is ridiculous and I intend on filing a lawsuit due to the incompetency of this group. Did I mention my membership has now expired and this company has the nerve to send emails that they want me and my husband back. NEVER!!!!! Totally disgusted with LA FITNESS.
Posted by Lisa
I joined LA Fitness two months ago. I explained I had just completed chemotherapy for Lymphoma and was also recovering from being rear-ended in car accident and therefore had not been able to exercise for six months. They gave me very big sales pitch about how experienced and knowledgeable all the personal trainers are with helping accident victims rebuild and restore their bodies and and that they are much better than physical therapists . I joined the gym. Just few days after using the gym for first time, I was approached by personal trainer and brought to a desk to go over my training goals. I was then told he could help me but Inwould have to buy a package of training sessions. I explained that I had just found out I needed to move to another state and he told me no problem.....you can be part of this training program even if I will only be in area for one more month. He offered me 11 training sessions that would be completed over the course of six weeks. We estimated together about two per week. The cost would be 300 he told me. He then had me sign my signature and initials on a screen and I said wait.....I can't see what I am signing.....he said Imwill tell you what you are signing because it's only on my screen and promised me a full printed copy when it was all signed. However, as soon as we finished he said we needed to begin training work out right away and distracted me into forgetting about the copy of the contract. In addition, the exercises and stretching he had me do that day left me with a much worsened knee condition that I was not above to return to the gym again and forced to get MRI if knee that showed significant knee swelling and type of damage that would take months to heal. Then I get a call from their corporate office welcoming me to a twelve month personal training program at 200 dollars a month. I was shocked and very very upset. I explained that I clearly stated to sales rep that I would have to move in a month . They basically gave me big un around....and told me to send a doctors note to some P.O box. I asked to speak with a real live person, manager.....they said there were no names or people Imcoukd speak with...only a P.O. box number. I have returned to the local LA Fitness Gym in Sarasota Floria three times.....and each time.....the different managers have not been able to provide any help and keep referring me to the PO box. No one will even tell me how long process will take once my doctors not arrives at po box in Irvine Califirnia....and my next 200 dollar payment which I Never agreed to is set up to be deducted from my bank account in one week! I am outraged at this type of fraud and that they would do this to someone who is battling cancer and trying to heal from injuries from being rear ended in car accident. There must be something that can be done about this for current victims of this scam and to prevent others from falling prey to this unscrupulous and unethical organization.
Posted by steve ross
i have been mislead into a recurrent monthly charge of 280$ for a personal trainer when i had clearly asked for only one month. i have been provided the runaround, corporate hides behind a p.o. box and never return calls, customer service have repeatedly told me a VP will contact me and staff at the gym contradict themselves as to what to do.
Posted by Martin Acosta
This is currently happening to me as we speak. I've been a member of LA Fitness since August 2014 in Houston, TX. I have noticed inconsistency with my membership billing on a few occasions.
The fitness club is charging my Wells Fargo account twice. It happens again this month of March 2016. I have brought this up to gym staff and they are saying that it cannot be so. They are making me look silly with this request and this is causing me stress, loss of money, plus time. I currently have an agreement to pay LA Fitness $32.43 every month only. They are charging my checking account $32.43 + $32.43 + another $5.00 for who knows what. I would appreciate your representation with this matter.
Posted by Jeanine Hussey
I cancelled my membership with LA Fitness twice (once in March-then again in June) I have been charged by LA Fitness the past 9 months.I have called, left messages, but no refund has been issued or membership fees stopped. I want to be involved with this as this is ridiculous. Please help
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