Filed by named plaintiff Thomas Dwyer, a Snap Fitness member in Ohio, the federal complaint states that Dwyer found out about the fee in February via email. After complaining to his local club shortly thereafter, he was told it was a new corporate policy that the franchisee had only just learned of. Nevertheless, he was charged the $35 fee.
"The membership agreement contains no provision authorizing either the franchisee or Snap Fitness to charge a club enhancement fee, or any other fees, including but not limited to, for maintenance of the club," the complaint states. "When plaintiff executed the membership agreement, he was never advised of a club membership fee, or any other fees, including but not limited to, for maintenance or upgrade of the club."
Dwyer alleges unjust enrichment on the part of Snap Fitness on behalf of himself and others similarly situated both nationally, and on behalf of a subclass of plaintiffs in Ohio who are members of Snap Fitness. Dwyer further claims violations of Ohio’s Consumer Sales Practices Act as well as the Prepaid Entertainment Contract Act for the company's failure to attach a notice of its Ohio members' ability to cancel their contracts.
The proposed class is represented by Bryce A. Lenox of Giles Lenox. The case is Dwyer v. Snap Fitness Inc., case number 1:17-cv-00455, in the U.S. District Court for the Southern District of Ohio.