Orangetheory Fitness allegedly failed to refund money under terms of contract

By Noddy A. Fernandez | May 13, 2018

CHICAGO — A man has filed a class action lawsuit against Orangetheory Fitness Chicago-Lakeview Il and another affiliated entity, citing alleged breach of contract, fraud and unjust enrichment.

Stuart Robertson filed a complaint on April 12 in Cook County Circuit Court, alleging that the defendants violated the Illinois Physical Fitness Services Act and Illinois Consumer Fraud and Deceptive Business Practices Act.

According to the complaint, the plaintiff alleges he contacted the defendants by email, indicating that he would like to cancel his monthly membership from their fitness center. Upon reviewing the cancellation form that he requested, the plaintiff claims that he refused to sign it because it allegedly conflicted with the terms of the contract and that he allegedly would still be billed an extra $129. 

The plaintiff alleges that the defendants failed to provide him with a written copy of the contract, properly disclose his right to cancel the contract and the cancellation requirements and for allegedly failing to refund his money as required under the contract and Illinois law.

The plaintiff requests a trial by jury and seeks judgment for treble and punitive damages, injunctive relief, attorney's fees, expenses, the costs of the suit and any further relief the court deems proper. He is represented by Daniel A. Edelman and Tara L. Goodwin of Edelman, Combs, Latturner & Goodwin LLC in Chicago.

Cook County Circuit Court case number 18-L-4753

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Edelman, Combs, Latturner & Goodwin, LLC

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