Members Sue Bally, LA Fitness over Lifetime Memberships
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Two Bally Total Fitness members have filed a lawsuit in federal court against both Bally and LA Fitness seeking class-action status on behalf of Bally members who have lifetime memberships.
The complaint, Juan Dorado, Michael Markzon, v. Bally Total Fitness Holding Corp., LA Fitness International LLC, was filed Sunday night in the United States District Court for Northern Illinois, Eastern Division, in Chicago.
The plaintiffs argue that Chicago-based Bally and Irvine, CA-based LA Fitness violated the Federal Honest Services Act, the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Common Law Breach of Contract.
LA Fitness finalized its purchase of 171 Bally Total Fitness clubs for $153 million on Nov. 30 and, according to its website, was scheduled to close 36 of those acquired clubs. All 27 of the Chicago-area Bally clubs transferred to LA Fitness, and four of the clubs closed in December.
The lawsuit claims that LA Fitness is not honoring lifetime memberships and will not allow access to former Bally members unless they purchase a new membership. Also, the suit claims that LA Fitness clubs purchased from Bally in one area of the country, such as Seattle, are not honoring Bally memberships if they were purchased in another state, such as Texas. For other potential plaintiffs, there are no nearby LA Fitness facilities for former Bally members to use, according to the complaint.
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