The law firm of Berger & Montague, P.C. has filed a consumer class action in the U.S. District Court for the Eastern District of Pennsylvania on behalf of: (1) former members of L.A. Fitness International, LLC (“LA Fitness” or the “Company”) who have incurred at least one additional monthly billing charge after they timely cancelled their Monthly Dues Membership Agreements with LA Fitness, despite the fact that they were up to date with dues payments at the time they mailed their cancellation notices; and (2) current members of LA Fitness who entered into Monthly Dues Membership Agreements which contain egregious cancellation provisions and who will be forced to pay dues for one or more months after they cancel their memberships.
If you wish to discuss this action, supply information about these claims, or have any questions concerning your rights or interests, please contact plaintiff’s counsel, Eric Lechtzin of Berger & Montague at 888-891-2289 or 215-875-3000, or by e-mail at elechtzin@bm.net. A copy of the Class Action Complaint can be viewed on Berger & Montague, P.C.’s website at www.bergermontague.com or may be requested from the Court. The docket number is 10-CV-2326.
LA Fitness operates health and fitness clubs throughout the United States. The complaint alleges that LA Fitness breached its Monthly Dues Membership Agreement and violated state consumer protection laws. Specifically, LA Fitness represented to members that its Monthly Dues Membership Agreement was a “monthly” contract that could be terminated – along with monthly dues billing – simply by following the contract’s procedures for cancellation. The plaintiff alleges this representation was deceptive because, in actuality, due to LA Fitness’s unfair practices, it was and is virtually impossible to cancel the contract without being charged at least one or two months of additional dues, even when members follow the Company’s stated cancellation procedures.
These unfair practices include: (1) imposing an unreasonably long 30-day notice requirement (20 days for newer contracts) prior to the next billing date for members to cancel and avoid incurring additional monthly charges; (2) using prepaid last month’s dues to extend contracts beyond members’ usage, despite the Company’s representation in the contract that “no further billing will occur” after timely mailing of a cancellation notice; (3) failing to inform members that they can only cancel by using a particular cancellation form, obtainable only in-person at an LA Fitness club; (4) delaying members who want to cancel their memberships by refusing to allow them to cancel in-person, or by telephone, e-mail or facsimile; and (5) systematically ignoring proper and timely cancellation notices in order to continue automatic billing of dues from members bank accounts or credit cards.
For more information, please contact:
Sherrie R. Savett, Esq.
Barbara A. Podell, Esq.
Michael T.
Fantini, Esq.
Eric Lechtzin, Esq.
BERGER & MONTAGUE, P.C.
1622
Locust Street
Philadelphia, PA 19103
Telephone: 1-888-891-2289
or 215-875-3000
Berger & Montague, founded in 1970, is a pioneer in class action litigation. The firm’s approximately 70 attorneys concentrate their practice in complex litigation, including consumer protection, securities fraud, antitrust, civil and human rights, and environmental and mass torts, and have recovered several billion dollars for consumers and investors.
Contacts:
Sherrie R. Savett, Esq.
Barbara
A. Podell, Esq.
Michael T. Fantini, Esq.
Eric Lechtzin, Esq.
1-888-891-2289
or 215-875-3000
