Wisconsin Man Claims Xperience Fitness Charged Payments Without Authorization

New to ClassAction.org? Read our Newswire Disclaimer

A Wisconsin resident alleges in a proposed class action that Vertical Fitness Group, LLC, which operates as Xperience Fitness and Club 7776, violated the Electronic Funds Transfer Act (EFTA) by failing to provide him with a copy of his training agreement and debiting his account without authorization.

According to the lawsuit, the plaintiff joined the defendant’s gym in Greenfield, Wisconsin when he agreed to a “Fit Membership” for a quoted price of $21.99 per month. Separately, the case explains, the man also entered into a Training Agreement with Club 7776, for which he initially paid $343.22 by debit card and agreed to submit 23 additional payments of $342.95. The plaintiff, however, says he never received a copy of the Training Agreement, an alleged violation of the EFTA. In September 2018, about a month after initially joining the gym, the plaintiff requested to cancel the training contract, the suit says, which, after speaking with a 7776 employee, left the man with the impression that his contract had, in fact, been terminated.

Despite his request to end his contract, the man allegedly discovered in January 2019 that the defendant had charged a total of $2,605.22 to his debit card dating back to the previous October. According to the lawsuit, the plaintiff did not authorize the defendant to debit his account for the training sessions. Further, the case says the total deducted from his account included an ambiguous $68.19 charge that, if it pertained to the man’s gym membership, indicated the defendant “was significantly overcharging [the plaintiff].”

“To the extent that Xperience charged Plaintiff $68.19 per month for his Fit Membership instead of the $21.99 per month in the agreement (Exhibit A), Xperience has overcharged Plaintiff at least $138.60,” the complaint reads.

The suit says Xperience has not returned the initial $343.22 payment nor the additional $2,400.65 it allegedly deducted from the plaintiff’s account allegedly without authorization.