On Friday, McCall Gosselin, the company’s senior vice president of communications, said, “We can confirm that the plaintiff was not billed while the local facility was closed due to COVID-19, and we believe this lawsuit is without merit.”
The lawsuit paints a different scenario.
A Planet Fitness member since 2016, Holloway worked out at a Stone Mountain center until it closed during the first week of March. On March 18, Holloway’s bank account was debited the $19.99 monthly fee for his “Black Card” membership, which gave Holloway unlimited access to any of the company’s fitness centers, the lawsuit said.
When he tried to contact Planet Fitness, Holloway was given a phone number with a message stating the center’s facilities were closed, with no option to request a refund, the lawsuit said.
Rather than providing adequate customer service to address wrongfully collected charges, Planet Fitness and its franchisees “have hidden behind a single, inaccurate statement on their website regarding the charges,” the lawsuit said.
COMPLETE COVERAGE: CORONAVIRUS IN GEORGIA
The suit contends Planet Fitness should be found liable for breach of contract, violations of Georgia’s consumer protection laws and unjust enrichment.
Holloway’s lawyers are seeking to represent all members of Planet Fitness’ approximately 1,900 fitness centers nationwide who were also charged membership fees after their gyms were closed. In the alternative, the suit seeks class-action status to represent all Planet Fitness members in Georgia.
Although Holloway lost just his $19.99 March membership fee, the possible exposure to Planet Fitness exceeds $5 million if the case receives class-action status, the lawsuit said.