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.