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Crunch Waterfront Fitness Club Membership Law Violations Class Action

Like a lot of health or fitness clubs, Crunch Waterfront operates on a membership basis. But the compliant for this class action claims that the club did not obey laws governing health club memberships and/or renewing such memberships without the members’ approval. 

Two classes have been proposed for this Action. 

  • The Pennsylvania Class is all Pennsylvania citizens who entered into membership agreements with Crunch Waterfront containing the terms described in this class action.
  • The Nationwide Class is all persons in the US who entered into membership agreements with the defendants in this case that are similar to the plaintiff’s membership agreement.

The membership agreement for Crunch Waterfront has several provisions that matter in this case. First, the agreement says that membership dues will not be increased without thirty days’ notice to members. Second, the agreement says that the only way that the membership type can be changed is by the member buying a new memberships at the current price and canceling the old membership.

This is the kind of membership agreement plaintiff Valerie Abbott signed with the club, around January 30, 2014. The membership had no expiration date.

Sometime around March 2018, Abbott noticed that her Base Plus membership had been upgraded to an All-Inclusive Peak Plus membership. The complaint says she had not been given any notice of this upgrade nor had she given her consent to it. 

According to the complaint, Crunch Waterfront was automatically charging new members $19.95 for the All-Inclusive Peak Plus membership, rather than $9.95 for the base membership.

Pennsylvania has a Health Club Act (HCA) that sets rules for health and fitness club memberships. Among other things, the law says, ‘No health club contract may contain an automatic renewal clause, unless the contract provides for a renewal option for continued membership which must be affirmatively accepted by the buyer at the expiration of each contract term.” Terms may not be longer than 36 months. 

The complaint claims that Crunch’s membership agreements seem to contain automatic renewal provisions without affirmative acceptance, and Abbott’s membership had no expiration date but seems to have continued for years, well beyond the 36 months permitted, without anyone asking her approval for a renewal. 

In addition to violations of the HCA, the complaint claims Crunch has violated the Unfair Trade Practices and Consumer Protection Law and has breached its contracts, among other things.

Cornerstone Fitness Waterfront, LLC was the original owner of Crunch Waterfront; New Evolution Ventures, LLC bought the club in 2009 after it filed for bankruptcy. Also named as defendants in this case are Crunch, LLC and Crunch Fitness International, Inc. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Crunch Waterfront Fitness Club Membership Law Violations Complaint

December 6, 2018

Like a lot of health or fitness clubs, Crunch Waterfront operates on a membership basis. But the compliant for this class action claims that the club did not obey laws governing health club memberships and/or renewing such memberships without the members’ approval. 

Case Event History

Crunch Waterfront Fitness Club Membership Law Violations Complaint

December 6, 2018

Like a lot of health or fitness clubs, Crunch Waterfront operates on a membership basis. But the compliant for this class action claims that the club did not obey laws governing health club memberships and/or renewing such memberships without the members’ approval. 

Tags: Fitness Clubs Gyms and Memberships, Membership Program, Unlawful Subscription Renewal