Vertical Fitness Group, LLC runs gyms in Wisconsin called Xperience Fitness which offer monthly memberships and personal training. At issue in this class action are what the complaint alleges are “fraudulent billing practices,” falling under the provisions of the Electronic Funds Transfer Act (EFTA) and Wisconsin state law on Fitness Center and Weight Reduction Center Contracts.
Plaintiff Paul Wesolowski visited an Xperience Fitness gym on August 24, 2018. An employee said the cost of a Fit Membership was $21.99 per month, and Wesolowski signed up.
On August 29, he signed up for a Training Agreement as well, paying $343.22 with his credit card. The agreement required him to make twenty-three more monthly payments of $342.95. However, he was not given a copy of the agreement when he signed it.
In September, he decided he did not have time for training sessions and asked a gym employee to terminate the training agreement. He had the impression that the employee had done so. However, the complaint alleges that “Xperience employees … began hounding Plaintiff about resuming the training program in December 2018…”
In January 2018, Wesolowski discovered that Xperience had charged his credit card a total of $2,605.22, including individual charges of $342.95 and $68.19. The former seem to be for the Training Agreement, but the latter are more than the $21.99 he should’ve been paying for membership.
The complaint claims that since he was not given a copy of the Training Agreement when he signed up for it, as Wisconsin law requires, and since the agreement does not follow the law in displaying the terms and language pertaining to cancellation, the contract is void. The law says, “Any contract for center services is unenforceable against the buyer … if … [t]he contract does not comply with the requirements of” that section of the law.
Two classes and a subclass have been defined for this action.