NOTICE RE:
JENNIFER PICKERING v. 24 HOUR FITNESS USA, INC.
I. Introduction
This is to notify you regarding another class action that has been filed against 24 Hour Fitness, USA, Inc. (“24 Hour Fitness”), where no class has yet been certified, that might affect your interests. Specifically, Jennifer Pickering has filed a class action against 24 Hour Fitness, USA, Inc, in San Francisco Superior Court (Case No. CGC-05-446492). This class action, like Weir v. 24 Hour Fitness, USA, Inc., (about which you already have received notice) seeks restitution for money 24 Hour Fitness allegedly obtained from the vast majority of its monthly members through unfair and/or unlawful policies and practices.
If it is certified as a class action, the Pickering class action case may afford class members different rights and opportunities than those currently available to members of the plaintiff class in Weir.
24 Hour Fitness denies that it has engaged in unlawful practices and contends that it has treated its members in a fair, lawful and equitable manner with respect to the terms and conditions of their memberships. The Court has not yet determined whether Pickering’s or 24 Hour Fitness’ contentions are correct.
II. History & Status Of Ms. Pickering’s Proposed Class Action
A. The Complaint
On November 9, 2005, Jennifer Pickering filed a class action against 24 Hour Fitness in San Francisco Superior Court. To view a copy of the Pickering complaint, click on this link:
Some of Ms. Pickering’s claims also have been asserted in the Weir v. 24 Hour Fitness case, a case already certified for class action treatment. The Pickering case, however, includes additional legal theories for the same claims in the Weir case. The Pickering case also includes other claims beyond those in the Weir case. If you wish to learn more about the differences between the two lawsuits, you can read the Pickering complaint by clicking on the link to the complaint above and seek whatever counsel you think appropriate.
B. The Proposed Plaintiff Classes
Ms. Pickering has filed an application for class certification that asks the Superior Court of San Francisco to issue an order: (1) establishing that two classes of individuals may sue 24 Hour Fitness, and (2) appointing her as representative plaintiff for both classes. The proposed classes are
all individuals who entered into a monthly membership agreement with 24 Hour Fitness, USA, Inc., in California who, since November 10, 2001, were required to pay dues after giving notice of termination of the agreement; and
all individuals who entered into such an agreement but have not yet given notice of termination (this class of 24 Hour Fitness customers is not involved in the Weir case).
It is not possible to predict in this Notice whether a class will be certified in the Pickering case, or, if so, what it would include. If a class is certified in the Pickering case, people who have the right to participate in that class will be notified of their rights. Under no circumstances may someone pursue the same claims in both of these two lawsuits.
The Court currently is scheduled to hear arguments on Ms. Pickering’s application for class certification on January 4, 2007. Ms. Pickering anticipates the Court will issue a ruling on that date or shortly thereafter. But, it is possible a ruling could be delayed.
C. Overview Of Ms. Pickering’s Claims
The following is an overview of Ms. Pickering’s claims relating to 24 Hour Fitness’s monthly membership agreements. (She has asserted other claims regarding 24 Hour Fitness’s personal training agreements.)
The essence of Ms. Pickering’s claims is that between November 9, 2001, and the present, 24 Hour Fitness engaged in conduct that violated the legal rights of its monthly members by charging them membership fees for 60 days or more after the members gave notice of their intent to terminate their monthly membership agreements. 24 Hour Fitness denies it engaged in any inappropriate conduct. Ms. Pickering’s claims are set forth in causes of action that are briefly described below and can be viewed in the Pickering complaint.
First Cause of Action: Ms. Pickering alleges 24 Hour Fitness’s monthly membership agreements violate California public policy by: (a) requiring 60 days’ or more notice to terminate a monthly membership agreement; and (b) by not complying with the Health Studio Services Act.
Second Cause of Action: Ms. Pickering alleges 24 Hour Fitness’s monthly membership policies and practices are illegal because they permit 24 Hour Fitness to obtain unearned fees from customers. Ms. Pickering seeks reimbursement of these unearned fees for former monthly membership customers.
Third Cause of Action: Ms. Pickering alleges 24 Hour Fitness’s monthly membership agreements unlawfully require monthly membership customers to forfeit or surrender at least two months’ of membership fees when a member gives notice of his or her desire to end a membership.
Fourth Cause of Action: Ms. Pickering alleges 24 Hour Fitness’s monthly membership agreements contain unconscionable or unfair contract provisions that violate the California Consumers Legal Remedies Act.
Fifth Cause of Action: Ms. Pickering alleges 24 Hour Fitness’s monthly membership agreements violate the Health Studio Service Act by: (a) omitting a statement printed in a size at least 14-point type that discloses the length of the term of the contract above the space reserved for the signature of the buyer as required by Civil Code § 1812.84(b); (b) omitting language stating that “performance of the agreed upon services will begin within six months from the date the contract is entered into” as required by Civil Code §1812.85(a); and (c) omitting the name of the entity to which notice of cancellation must be made as is required by Civil Code §1812.85(b)(1).
Sixth Cause of Action: Ms. Pickering alleges 24 Hour Fitness violated California Unfair Competition Laws by engaging in conduct that has required monthly membership customers to pay additional membership dues after they give notice of their intent to quit. Ms. Pickering alleges 24 Hour Fitness should be required to return these monies to former customers and to change its monthly membership policies and practices as they relate to current monthly membership customers.
Seventh Cause of Action: Ms. Pickering alleges 24 Hour Fitness has converted or taken money from its monthly membership customers by continuing to withdraw money from customers’ checking or credit card accounts after the customers have given notice of their desire to quit.
Eighth Cause of Action: Ms. Pickering alleges 24 Hour Fitness commits fraud by misrepresenting to its customers how monthly membership agreements can be terminated.
Ninth Cause of Action: Ms. Pickering seeks an order from the Court declaring that 24 Hour Fitness’s monthly membership agreements violate California’s Unfair Competition laws.
III. Relief Ms. Pickering Is Seeking
Ms. Pickering is seeking reimbursement of all money she alleges 24 Hour Fitness has illegally obtained from her and all 24 Hour Fitness monthly members whom she seeks to represent, plus three times that amount under the California Contracts for Health Services Act. She is also seeking punitive damages. Finally, she is seeking an order from the Court requiring 24 Hour Fitness to change its membership termination practices.
IV. Your Choices
The existence of these two class actions presents a number of possible alternatives that may affect your rights. We will not advise you as to how to exercise your choices. You should seek whatever advice you believe is appropriate, including, if you chose, contacting the lawyers in Weir at www.kerrwagstaffe.com and/or in Pickering at www.kitchinlegal.com.
V. Additional Information
For additional information about the Pickering case, you may view and copy case records at the office of the Clerk, Superior Court of California for the City and County of San Francisco, located at 400 McAllister Street, San Francisco, California 94102.
You may also view the pleadings by visiting the Superior Court website at: www.sftc.org.
(Select the “Case Number Query” and then enter the case number: 446492.)
DO NOT CONTACT THE COURT OR THE CLERK OF THE COURT WITH YOUR QUESTIONS. ADDRESS ALL INQUIRIES IN WRITING TO THE ATTORNEYS REPRESENTING THE WEIR CLASS AND/OR JENNIFER PICKERING.
