Cook County Record

Friday, September 20, 2019

Class action lawsuit accuses gym of charging members after cancellations

By Mark Payne | Dec 19, 2014

A Chicago man has filed a class action lawsuit against the owner of a gym he says failed to honor the cancellation clause in the membership contract.

Seth Eappen filed the complaint Dec. 11 in Cook County Circuit Court against Club Ventures Investments LLC, doing business as David Barton Gym, a chain of urban gyms operating in several states, including Illinois, New York, Florida and Pennsylvania.

According to complaint, the defendant did not hold up its end of the contract with Eappen, who claims the gym continued to charge him after he canceled his membership.

He says the membership contract said gym members could cancel their 12-month membership, and avoid additional charges if they provided he defendant 45-days written notice.

Eappen is represented by attorneys Thomas A. Zimmerman Jr., Adam M. Tamburelli and Matthew C. De Re of Zimmerman Law Offices P.C. in Chicago.

Cook County Circuit Court case number: 2014CH19872.

This is a report on a civil lawsuit filed in Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and represents only one side of the story.

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