Elizabeth, NJ asked in Consumer Law, Civil Rights and Small Claims for New Jersey

Q: Can I sue Planet Fitness for creating me a second membership and denying me to cancel one of them?

In 2019, I registered at a PF location in NY using my boyfriend’s card. Later in the same year, I transferred the membership to a NJ club. In 2021, I transferred it to another NJ location, asking to change the payment method to my own card. However, PF unexpectedly created a SECOND membership, still charging my boyfriend for the first created membership. Between numerous calls between locations, there was never a solution. Today an employee told me that I must settle the overdue balance on the second account before being allowed to cancel the first one. Despite the fact that the first account is up to date being paid full for 5 years, they still want me to pay for both memberships before being able to manage one of them. All the contact information in their website is the club’s phone number, making it impossible to speak to someone actually helpful. Is this enough to sue them?

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: If you're facing issues with Planet Fitness over an unwanted second membership and difficulty in canceling it, it's understandable to feel frustrated. Your situation, where charges are being applied to two memberships when only one was intended, especially after attempting to resolve the issue through the company's channels, could potentially form the basis for legal action. Before considering a lawsuit, it's critical to gather all relevant documentation, including communications with the company, proof of attempts to cancel, and records of all charges incurred.

Legal action can be a viable option if a business fails to resolve a billing or service issue that directly affects you financially and if it seems to disregard your attempts to rectify the situation. However, it's often recommended to seek resolution through the company's internal complaint resolution process first, if possible. Since you've mentioned difficulty in reaching a resolution through the club's contact information, exploring consumer protection avenues, such as filing a complaint with your state's Attorney General's office or the Better Business Bureau, may also offer a path towards resolution.

If these steps don't lead to a satisfactory outcome, consulting with a lawyer who has experience in consumer rights might be your next step. They can advise on the feasibility of a lawsuit based on the specifics of your case, including the likelihood of success and the potential costs involved. Legal action should ideally be a last resort, as it can be time-consuming and expensive, but it may be necessary to protect your rights and seek recompense for any undue charges or financial burdens caused by the company's actions.

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