Class action lawsuit filed against Bally, LA Fitness
January 18, 2012 (WPVI) -- A number of lawsuits have been filed against Bally Total Fitness over its recent sale to LA Fitness.
People who have been members at Bally for years say the deal has left them with broken promises.
Mark Guralnick is the attorney who is representing people from our area involved in the fight. He has put up this website that serves as a meeting place for former Bally members, and for LA Fitness members who want to join one of those class action lawsuits.
Back in the 80's, Frank Rose thought he was making a good investment when he paid $1,200 for a lifetime membership to a gym.
"The hook to get you was that if you were someone who was going to work out regularly, you knew your membership was paid for, and you'd never have to worry about it again," said Rose.
When Frank's gym, the Bally Total Fitness in Voorhees, New Jersey, closed, he says he was instructed to go to LA Fitness.
"In the beginning from what I was told, I would have to sign a contract," said Rose. "The contract said they could charge me renewals."
And Frank says Bally told him one of the provisions of his original contract, that he could use any Bally's gym in the country, was void.
"A contract is a contract is a contract," said Rose. "And if I'm the party to a contract, no one can change that unless I have a say in it. That's clearly unfair and clearly outside of what the law allows."
Frank should know, he's an attorney, and now the lead plaintiff in the class action lawsuit filed in New Jersey against both Bally and LA Fitness.
LA Fitness is not honoring their contracts or they're acknowledging the contracts with strings attached, charging more money, taking away some of the provisions of the contract, or changing the terms altogether," said Mark Guralnick.
Mark Guralnick has filed class action lawsuits in both Pennsylvania and New Jersey.Among other things, the lawsuits call for Bally Total Fitness and LA Fitness to honor the contracts, or allow people to void their contracts and then
compensate them for the unused portions.
"We're receiving telephone calls from across the country; Californians, Texans, Minnesotans, Chicagoans, and, of course, lots of people in the Philadelphia, South Jersey area," said Guralnick.
Action News left multiple messages with Bally Total Fitness and LA Fitness, but got no response on Wednesday.
Guralnick has also created a Facebook page for the class action lawsuit. You can sign up for the lawsuit, fill out a questionnaire, or just make your voice heard.
Annie Do says, "So glad to hear that Bally's and LA Fitness are being sued. My membership won't be honored at LA fitness. The sales manager took cash for payments and walked away."Links:
lawsuit, exercise, philadelphia, pennsylvania, new jersey, consumer news, nydia han
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