Newark, NJ: A revised settlement has been reached in a consumer fraud
class action lawsuit pending against LA Fitness International alleging the fitness company continued to charge New Jersey customers after they cancelled their gym memberships.
If granted final court approval, the settlement will resolve the lawsuit entitled The Martina v. LA Fitness International LLC, Case No, 12-cv-02063. A final court hearing is scheduled for September 17, 2013.
There are two proposed classes of plaintiffs affecting people who either cancelled their monthly dues membership with L.A. Fitness during the time period of February 28, 2006 through March 31 2012 OR who entered into a fitness service agreement with L.A. Fitness in the state of New Jersey during the period of February 28, 2006 through March 31 2012.
The Fitness Service Agreement Class is defined as "all Individuals: (a) who entered into a Fitness Service Agreement with L.A. Fitness in the State of New Jersey during the time period February 28, 2006 through March 31, 2012."
Subject to final court approval, the parties have agreed to a settlement under which Class Members will receive either (a) ) two free individual personal training sessions of 25 minutes each with a certified personal trainer (not a master trainer) at any New Jersey L.A. Fitness facility, except a Signature Club location; or (b) a credit of One Hundred Dollars (the "$100 Credit") to be applied toward the purchase of a new Monthly Dues Membership at any L.A. Fitness facility (and can be used to offset any initiation fee and/or initial dues as applicable).
The Membership Agreement Class is defined as "all Individuals: (a) who entered into Monthly Dues Membership Agreements with L.A. Fitness in the State of New Jersey, and (b) who paid for an additional month of dues after L.A. Fitness received and processed a Notice of Cancellation during the time period February 28, 2006 through March 31, 2012 (in addition to the application of pre-paid last month dues), and (c) the payment of the additional month of dues was not subsequently refunded."
Subject to final court approval, the parties have agreed to a settlement under which Class Members will receive a 45 Day Access Pass to any L.A. Fitness facility in New Jersey, except Signature Club locations. Class Members may also receive a payment equal to one-third (1/3) of one month's dues.
For complete details and to download claim forms, visit www.NJGymSettlement.com The deadline to request these benefits and/or use them is September 17, 2014.
