Brad Shaub v. 24 Hour Fitness Worldwide Inc., 24 Hour Fitness USA Inc. and Forstmann, Little & Co.
Published: May 4, 2013 | Result Date: Oct. 3, 2012 | Filing Date: Jan. 1, 1900 |Case number: 6:10-cv-00632-LED Settlement – 20 percent of Upgrade Dues
Court
USDC Texas
Attorneys
Plaintiff
Defendant
Facts
In November 2010, plaintiff Brad Shaub filed a complaint and petition for Class Certification against 24 Hour Fitness Worldwide, Inc., 24 Hour Fitness, and Forstmann, Little & Co. On behalf of a putative nationwide class, plaintiff alleged that he was wrongly denied access to certain fitness facilities unless he paid upgrade dues and he brought four causes of action including breach of contract, fraudulent misrepresentation, negligent misrepresentation and violation of the Texas Deceptive Trade Practices Act. Plaintiff later amended his complaint, dropping the negligent misrepresentation claim. Plaintiffs also voluntarily dismissed Forstmann Little & Co. as a defendant.
Result
The parties settled. The settlement, on behalf of a 12,440-person Texas class, provided class members who had paid upgrade dues the opportunity to receive a cash payment equivalent to 20% of the dues paid during the class period. Class members who were current 24 Hour members at the time of the settlement received a no charge upgrade to higher level 24 Hour clubs for a period of either six or twelve months. Class members who were former 24 Hour members received certificates for three months of access to 24 Hour clubs.
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