Santa Clara, CA: A consumer fraud class action lawsuit has been filed against 24 hour Fitness, alleging the defendant raised its customers' fees for use on lifetime memberships, in violation of various state laws in California, Texas, and Oregon.
Filed by Kevin O'Shea of California, Mark Vitcov of Oregon, and Rod Morris of Texas, individually and for all others similarly situated, the lawsuit claims 24 Hour Fitness' sales representatives employ aggressive sales pitches to induce consumers into buying lifetime memberships to its gyms. Under the terms of these lifetime memberships, customers must prepay three years of membership fees, following which they pay only nominal renewal fees.
However, according to the lawsuit, while the annual renewal fees were supposed to remain constant for the rest of the member's life, when the defendant came under new ownership it stopped honoring its lifetime fee guarantees and announced that it would raise lifetime members' annual renewal fees beginning in 2016.
The lawsuit alleges fraud, violation of California's Consumer Legal Remedies Act, its Unfair Competition Law, and its Health Studio Services Contract Law, violation of Oregon's Unlawful Trade Practices Act, and violation of Texas's Health Spa Act and its Deceptive Trade Practices Act. The case is US District Court for the Northern District of California San Francisco Division Case number 3:16-CV-01668-EDL.
The plaintiffs are represented by attorney Todd M. Logan of Edelson PC in San Francisco.
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I purchased a Bally total fitness membership about 15-20 years ago and since its now owned by 24 hour fitness, they treat me like one of their regular paying customers. I am forced to pay an $80 gym reopening fee even though I haven't been to the gym in 2 years. Also, my yearly dues have gone up from under $100 to $167 for the next 12 months.
This is ridiculous and I consider this fraud. Can someone help me? I no longer have my Ballys contract. If someone has a copy, please email it to me willshaker@nyc.rr.com
Thank you!
Posted by Richard Brady
on
My lifetime membership increased as well and would appreciate info on class action lawsuit and procedure to have fees reversed permanently
Posted by Amy Luedeke
on
I just found out this week that there was a class action lawsuit against 24 Hour Fitness. Was talking to co-workers 1/2 my age about gym membership fees. I am the age of a co-worker's parents that pay $15.00/mo.(2 person membership) and who were sent class action lawsuit info as well as offer of 6 mo free of charge at 24 Hour Fitness.
I joined club in 1980's when it was Family Fitness. I had a deal wherein if I transferred membership from Racquetball World to Family Fitness, my initiation fee would be waived and I would pay $12.00/mo. at Family Fitness...forever...from what I understood at the time.
In 2012, I moved to new city in southern California and 24 Hour Fitness had me sign new contract for facility in Fullerton that has more amenities. My dues was increased $15.00/mo, which extends a 100% rate increase. I now have to pay $27.00/mo. after being with club for over 25 years and under assumption that I was at $12.00/mo for life. What should I do at this point? I was not contacted regarding any class action lawsuit. I'm actually amazed that anyone has an annual fee for the gym for less than $100.00. I was paying 144,00/year for 25+ years, and since 2012 I am paying $344.00/year. I argued at the time that I had a locked in $12.00/mo. fee, but associate indicated my membership did not cover anything but basic 24 Hour Fitness facility (Active vs Sport vs Super Sport, etc. not known by me in 1980's with Family Fitness membership). And I am a senior citizen and go to the gym now only once a week. I still work full-time. Can anyone direct me as to what to do? I went to gym yesterday evening for my weekly cycle class and two associates would not give me corporate 800 number!!! They said they are not allowed to give out. I was treated very rudely and am incredulous. Called another 24 Hour Fitness location from home and associate indicated that 800 number is a customer service number and he would gladly give it to me.
Help!
Posted by J. M.
on
signed in 1993 or 94? ( Way back ! )
Rates increased ....
Im also filing a civil law suit against 24 Fitness San Ramon; Corporate member demanded for me exit the premises immediately accusing me of "Training Players " without the "My" (corperate) permission
Time : 6:30 AM
Members Present : My best friend arriving during my warm-up
Witness : Film; Personal Friends; Parents noticing the raging voice spewed at me during my exit!
Time On the Court : Literally 4 to 5 minutes
Wasn't needed! I was calm and collective with his decision ... I knew there may be a little disappointment that my program signed nearly all his kids and still running strong... it's possible...but the accusation was absolutely ridiculous... had most kids
that I train exercising during my his raging voice that I train at our gyn facilities ... in the morning; Only one "(I train players privately) my best friend
Posted by T Nguyen
on
My lifetime annual membership went from $31.39 to $139.64!
Posted by Richard P.
on
I live in Nassau County, New York. My Lifetime Membership fee of $84 Annually has not changed. However, what has changed is that I am now Limited to only using “SPORT” clubs & I am not allowed to workout in “SUPER SPORT” or “ULTRA SPORT” clubs that weren’t former Bally’s Total Fitness clubs. They’ve closed down the Three closest clubs to My residence & built a Brand New 24 Hour Fitness SUPER SPORT club 5 miles from My home. I’m unable to workout there Unless I Pay an Additional $400 Annually. The closest clubs that I can use are now 11, 13, 18 & 20 Miles away from My home. They are actually phasing out Original Bally’s members by closing the former Bally’s clubs & building New “SUPER SPORT” clubs that they’re telling Us that We aren’t able to patronize without paying $400 Annually on top of My $84 per year.
By the way, My Yearly $84 payment CAN’T Be Late or My membership will be Terminated as I was told by Customer Service & also by a worker at the New 24 Hour Fitness close to My home that I am not allowed to use. It’s also the only club in NY that is actually open 24 Hours a day.
They can’t get away with treating members this way.
Posted by Manoj
on
I signed up for lifetime membership by paying $1,500 upfront and was paying $50 annually. I went to the gym for over 13 years.
Last year I did not go to the gym and did not pay my annual dues. When I visited the gym this year my membership was dance led. In the past I have been late on payments and would pay it when I visited the gym. I called their corporate office and got no help.
Posted by Ginger Jaimes
on
I got scammed by 24hour fitness too. They told me that if I paid $600 up front, my membership dues would be fixed at $99 dollars a year FOR LIFE. Two years ago, my membership increased by $50 after 10 years of it not changing. I called and complained that it was never suppose to go up and they told me I didn't read the fine print and that it will go up. All of the 24 Hr fitness workers told me otherwise. What a scam
Posted by David Truong
on
Same story here. Wondering what a consumer is to do.
Here are links of this story and it seems to be getting some traction.
I too purchased the 700 dollar 3 year lifetime plan. Every year when the renewal was nearing I would receive a call letting me know it was time to renew. Not in 2016 and when I went in they informed me that my "Lifetime " membership had been canceled and there was no way to reactivate. So my only recourse was to pay full price or get the Costco deal. I couldn't be happier to hear that there is a pending lawsuit and would love to be a part of it.
Posted by Jesse
on
Mine went from $99 a year to $215
Posted by WAYNE TSOUROS
on
15+ Years ago I purchased a lifetime membership for big bucks. Then the $49/year membership fee followed. Upon turning 65 my health Ins. provided me with SilverSneakers and my account was frozen and the health Ins. paid my membership fees. I liked this, however, 24Hr fitness provided me a letter saying that my membership was on freeze until I notify them of any changes. I never notified them and they terminated my lifetime membership and want me to pay them $ to reactivate my membership. They said that they sent me and email and letter telling me that I have to annually renew my frozen membership requesting it to be extended in that state or they will terminate the membership. I never got an email or letter stating such. I read them the letter stating that my frozen membership will remain as such until I request a change. They give me the same line of BS stating that they are not responsible for the email process or the US mail service. I want to file a suit, I do I jump on a class action suit?
Posted by Jess Dahn
on
My lifetime annual membership went from $29 to $129
Posted by Nicholas Ortega Jr
on
I've been online looking to see if there's a way to find other people that I've had the same problem that I'm having. My family bought a lifetime membership for four family members paid over 3000 and the annual membership is only supposed to be $20 for renewal. I had to set up an automatic payment and so did my mother we all got canceled. I never got a notice never was told that it was canceled and when I tried showing up at the gym they told me that there must be something wrong in the system that I would have to come back another day this went on for a couple of weeks. Until I was told that they canceled my membership due to nonpayment. Let's try to explain I never received a notice and I was never told that they did not receive a payment. I asked if the payment had been rejected the customer service person I was speaking to tell me no I just failed to send a payment. That's that's funny because I had it on auto pay and they told me that they didn't have a record of me putting auto payment.. please contact me if if you know of any class-action lawsuits against them pushing her getting rid of their lifetime membership people.
Posted by Cristina
on
I had the same thing happen to me! I signed up for Liftetime membership in 2008 and paid around $650 with a $49 annual rate after those 3 years. I went to study abroad in 2014 and that was the last year I paid the $49 manually. I set up automatic billing to make sure this fee was paid. I was NOT notified by mail, email, or phone in 2015 or 2016 for renewal and now that I am back home wanting to use my membership, I am told it was cancelled!
I have been on the phone all morning and basically getting nowhere. This is just bad business. If there is a lawsuit out there for this sort of thing, please let me know. Thank you!
Posted by Lori High
on
I'd love to join this lawsuit from the Denver area. I fought for my membership rights initially but now find I've been "cancelled since I did not respond to the e-mail to renew" I never received an e-mail to renew. I see the same thread through out these comments. I have been a Bally's Lifetime member since 1968... 24 Hour Fitness representative in Arvada, CO said... "what did I expect to get for $25/year, they make no $ on me." My response was - honoring the contract that has been in place for a VERY LONG TIME! This is NOT fair!
Posted by Patrick Kelleghan
on
I paid 3 years up front,with the agreement that I was to pay $99 annually after,for life.I did,then in 2016 they increased my annual fee to $149.24 hour should not be able to increase my fees at all.
Posted by Kelly
on
I was told in 2006 that if I paid $999 now for a three year membership.... My membership would continue every year after for a small annual renewal fee of only $29. It would stay that way as long as I paid it on time- they said. If I ever miss it it would be lost- they said. I paid every year like they said. Then.... They raised it to $129.
$999 in 2006 was a lot of money up front...But they sold it on the low FIXED annual renewal rate. I was saving my future dollars- they said. NOT the three years up front. They said this is the best deal we have ever offered. I believed them now they raised my fee by 300%.
All I want is for them to honor their word. People from all across the country have the SAME story. Obviously, it was a company wide approach to selling this type of membership.
I requested a copy of my membership and it had a box under the signature stating it was only fixed for the year. They never pointed it out one time during all of the initialing and signing of the contract. They just hurried through it praising my great decision to take this deal.
I did not ever think they were lying so I did not go through it to double check their sales pitch. I though companies could not lie about such a fundamental part of a contract before having someone sign it.
These contracts were signed under the old management who did not raise the renewal rate LIKE THEY SAID. That alone affirms what people have been claiming about the company sales pitch. The new management read the contract and jacked up the renewal fees claiming ignorance and just pointing to the contract language.
I hope a judge can see the pattern and force them to go back and honor these memberships.
Posted by Tom
on
My lifetime annual membership went from $29 to $129
Posted by Janet M. Horan
on
After paying my fees for40 years they canceled my Lifetime membership saying I didn't respond to the mail they sent. I never received anything from them & only found out that Bally's was bought by them when I started searching as to why I didn't receive a bill.
Posted by Tayler R. Knight
on
24 Hr Fitness has increased my annual rate more than 100% which is unfathomable! This has to be illegal! I want to be apart of the class action lawsuit against this company for the injustice! They need to be sued... by everyone they have wronged! Corporations like these should NOT be allowed to wrong their loyal customers! We pay our annual dues as agreed and are respectful and responsible and are LOYAL customers and this is how you treat us? I called corporate and was told they they "KNEW THEY WOULD LOSE CUSTOMERS OVER THIS, BUT WERE WILLING TO LOSE A FEW TO CHARGE THE MANY".
Posted by Khanh Pham
on
My lifetime membership annual fee has been increased from $49 to $99
Posted by Kevin Alcock
on
I want in on this lawsuit for former Bally's members in NJ Anyone have any info?
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