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Xperience Fitness Membership Fees and Training Agreements Class Action

Xperience Fitness Gym in Wisconsin

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. 

  • Class I is (a) all natural persons in Wisconsin (b) who entered into a Fit Membership agreement with Xperience (c) at a monthly membership price that Xperience said was $21.99, and (d) who were charged more than $21.99 in any month (e) between January 22, 2016 and January 22, 2019. Class I does not include persons who were charged more than $21.99 only because of sales tax or an initiation fee. 
  • Class II is (a) all natural persons in Wisconsin (b) who entered into a Training Agreement with Xperience or Club 7776, (c) who signed an agreement in the form of Exhibit B attached to the complaint, (d) between January 22, 2018 and January 22, 2019. 
  • The Class II Subclass includes members of Class II whose Training included preauthorized transfers from the person’s credit or debit card or bank account, and to whom Xperience did not provide a written copy of the Training Agreement at the time the person signed it.
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