FINALLY A HOT ITEM: a recent CT class action lawsuit which only made it to the local press so far:
2138 Silas Deane Highway
Rocky Hill, CT 06067
Phone 1860 571-0408
Fax 1860 571-7457
Contact: Daniel S. Blinn
Consumer Law Group, LLC
Press Release
Consumer Law Group commences class action law suit against Bally's Total Fitness Health Clubs
Suit alleges that standard form of contract used by Bally's violates Connecticut law and seeks recovery of triple the amount paid by members
Class size could exceed 6,000 people.
Hartford, January 12, 1998: A Rocky Hill law firm has commenced a class action law suit against Connecticut Valley Fitness Corporation, the company that owns Bally's Total Fitness Health Clubs located in Avon, Manchester, and West Hartford, Connecticut. The plaintiff, Carolyn Hennessey, a New Britain woman, sued on behalf of herself and all other persons who were members of the three health clubs within the last three years. According to the complaint, the size of the class could exceed 6,000 members.
According to the Complaint, the health clubs used contracts that violate Connecticut law in several material respects. According to Hennessey's attorney, Daniel Blinn of Consumer Law Group, the most serious violation is that the contracts contained an automatic renewal clause. Bally's collected monthly dues from its members, month after month, until they notified the health club in writing that they wanted to cancel. "Connecticut law is clear," Blinn said, "a health club cannot automatically renew a contract unless the member accepts a renewal option in writing."
The Complaint also states that many of Bally's members financed their membership fees through Bally's and that the payments were spread out for a time that was longer than the duration of the contract. Blinn stated that this practice also violates the Connecticut law that regulates health clubs and health club contracts.
The Complaint claims that Bally's also violated other provisions of the health club law. According to the Complaint, Bally's refused to offer consumers a one-year contract, although the law requires health clubs to offer a one-year contract if they offer contracts having a duration of more than one year. "Bally's offers two-year contracts, so they have to also offer a one-year contract," Blinn said. Additionally, according to the Complaint, the contracts did not include other information and notices required by the state law. Bally's did include another notice, the suit says, but not in as prominent a manner as the law requires. According to the Complaint, Bally's also failed to post certain notices to prospective members in a conspicuous place where the contracts were signed, as required by the law. Blinn said, "They posted the notice, but they put it where no one could see it."
The law suit also alleges that Bally's violated a Connecticut law prohibiting unfair and deceptive acts or practices in the conduct of a business.
If the suit is successful, according to Blinn, Connecticut Valley Fitness Corporation is potentially liable to the class for three times the amount that it received from the class members, plus attorney's fees and punitive damages. "The total claim could well be ten million dollars or more, depending upon exactly how many people are in the class and how much they have paid to Bally's over the years." Blinn said. In addition to monetary relief, the suit seeks a court order prohibiting what Blinn characterizes as "future illegal conduct" by Bally's.
The suit also names as a defendant Bally's Total Fitness Corporation, a Delaware corporation located in Chicago, Illinois, for having received assignments of the contracts.
Consumer Law Group, LLC is a law firm located in Rocky Hill, Connecticut that focuses its practice upon the representation of consumers against businesses that have violated laws intended for the protection of consumers.
For a copy of the Complaint in Hennessey v. Connecticut Valley Fitness Corp., contact Consumer Law Group at 860 571-0408. danblinn@mail1.nai.net
Pancho
PS:
links to the key SI posts in case you want to look at the "originals":
Message 2780742
Message 2792476
Message 3464355 |
