Berger & Montague, P.C. Files Class Action Suit Against L.A. Fitness International, LLCAlleging Breach of Contract and Violation of State Consumer Protection Laws
PHILADELPHIA, PA, March 4, 2011 (PRNEWSWIRE) – The law firm of Berger & Montague,P.C. has filed a class action in the U.S. District Court for the Middle District of Florida on behalf of: (1) former members of L.A. Fitness International, LLC (“LA Fitness”) who have incurred atleast one additional monthly billing charge after they attempted to cancel their Monthly DuesMembership Agreements; and (2) current members of LA Fitness who entered into MonthlyDues contracts which contain egregious cancellation provisions and who will be forced to paydues for one or more months after they attempt to cancel their memberships.
If you believe that you have been improperly billed monthly dues by LA Fitness aftermailing a request to cancel your Monthly Dues contract, please contact plaintiff’s counsel,Eric Lechtzin of Berger & Montague
at 888-891-2289 or 215-875-3000, or by e-mail email@example.com.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 8:11-cv-457.LA Fitness operates health and fitness clubs throughout the United States. The complaint allegesthat LA Fitness breached its Monthly Dues contract and violated the Florida Deceptive andUnfair Trade Practices Act by representing that its Monthly Dues contract was a “monthly”contract that could be terminated (along with monthly dues billing) simply by following thecontract’s cancellation procedures. This representation was deceptive because, in actuality, dueto LA Fitness’ unfair practices, it was and is virtually impossible to cancel the contract withoutbeing charged at least one or two months of additional dues, even when members follow thecontract’s cancellation procedures.The Complaint further alleges that LA Fitness breaches its Monthly Dues contract and violatesFlorida’s consumer protect laws by: (1) refusing to act on properly submitted cancellationrequests in order to continue automatic billing of dues from members’ bank accounts or creditcards; (2) failing to disclose that the contract cannot be cancelled by giving 30 days notice (or 20days for newer contracts), when in actuality members must mail cancellations at least 61 daysbefore their desired termination date (or 51 days for newer contracts); (3) using prepaid lastmonth’s dues to extend contracts beyond members’ usage, despite LA Fitness’ representation inthe contract that “no further billing will occur” after timely mailing of a cancellation notice; and(4) failing to inform members that they can only cancel by using a particular cancellation form,obtainable only in-person at an LA Fitness club, when the contract states that any “writtennotice” will suffice.For more information, please contact:Sherrie R. Savett, Esq.Michael T. Fantini, Esq.Eric Lechtzin, Esq.BERGER & MONTAGUE, P.C.1622 Locust StreetPhiladelphia, PA 19103Telephone: 1-888-891-2289 or 215-875-3000