Press Release (Florida).03.03

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    Berger & Montague, P.C. Files Class Action Suit Against L.A. Fitness International, LLC

    Alleging 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 Dues

    Membership Agreements; and (2) current members of LA Fitness who entered into MonthlyDues contracts which contain egregious cancellation provisions and who will be forced to pay

    dues 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 after

    mailing a request to cancel your Monthly Dues contract, please contact plaintiffs counsel,Eric Lechtzin of Berger & Montague at 888-891-2289 or 215-875-3000, or by e-mail at

    [email protected]. 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 alleges

    that LA Fitness breached its Monthly Dues contract and violated the Florida Deceptive and

    Unfair Trade Practices Act by representing that its Monthly Dues contract was a monthlycontract that could be terminated (along with monthly dues billing) simply by following the

    contracts cancellation procedures. This representation was deceptive because, in actuality, due

    to LA Fitness unfair practices, it was and is virtually impossible to cancel the contract without

    being charged at least one or two months of additional dues, even when members follow thecontracts cancellation procedures.

    The Complaint further alleges that LA Fitness breaches its Monthly Dues contract and violatesFloridas consumer protect laws by: (1) refusing to act on properly submitted cancellation

    requests in order to continue automatic billing of dues from members bank accounts or credit

    cards; (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 days

    before their desired termination date (or 51 days for newer contracts); (3) using prepaid last

    months dues to extend contracts beyond members usage, despite LA Fitness representation in

    the 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 written

    notice will suffice.

    For more information, please contact:

    Sherrie R. Savett, Esq.

    Michael T. Fantini, Esq.

    Eric Lechtzin, Esq.BERGER & MONTAGUE, P.C.

    1622 Locust Street

    Philadelphia, PA 19103

    Telephone: 1-888-891-2289 or 215-875-3000

    mailto:[email protected]:[email protected]://www.bergermontague.com/http://www.bergermontague.com/http://www.bergermontague.com/http://www.bergermontague.com/mailto:[email protected]
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    Berger & Montague, founded in 1970, is a pioneer in class action litigation. The firmsapproximately 70 attorneys concentrate their practice in complex litigation, including consumer

    protection, securities fraud, whistleblower and false claims actions, antitrust, labor and

    employment rights, and environmental and mass torts, and have recovered several billion dollars

    for consumers and investors.