Feelin’ the burn
Gym members sue over shady cancel policy
New York Sports Club is giving a whole new meaning to the term “gym rat.”
Former members filed a class-action lawsuit Monday against the chain, charging management is sweating them for fees even after canceling their memberships.
The suit, which names New York Sports Club and its parent company Town Sports International as defendants, accuses the two of turning membership cancellations into an onerous, “Herculean task” that forces members into continuing payment long after they’ve abandoned their gym regimens.
“It is not hyperbole to say that TSI engages in deceptive, dishonest and fraudulent conduct that amounts to stealing from the pockets of its customers,” the lawsuit states. “Despite both a legal and ethical obligation to be candid in the way it conducts business, TSI rips off its gym members when they attempt to cancel.”
The suit, which lists 10 plaintiffs, is at least the second class action brought against Town Sports International and its subsidiaries, which also include chains in Boston, Philadelphia and Washington.
To illustrate the breadth of people’s displeasure with NYSC, the plaintiffs’ lawyers included more than a dozen negative reviews posted on Yelp.
“This place has told me twice that my membership was canceled but they continue to charge me monthly (it’s been four months now),” said one of the reviews included in the lawsuit.
The lawsuit claims that members “are never informed” of the “vast majority” of contractual obligations they’re being held to.
“New Yorkers have put up with this fraudulent conduct for long enough,” said David Gottlieb, one of the attorneys representing the plaintiffs and a partner at Wigdor Law. “Through the class action we intend to send a message to TSI and all New York companies that such deceptive business practices simply will not be tolerated.”
Representatives from TSI and New York Sports Club did not return calls.
Former NYSC members not listed on the latest class action suit against the gym are considering joining. One displeased former member is Michael Dowd, a teacher at Midwood High School now on sabbatical.
In one email exchange with management at a Park Slope gym branch this month, Dowd rails against the branch’s cancellation policy and practices. Dowd filed a formal complaint with the state Attorney General on May 1.