Make your voice heard and make LA Fitness pay: These are your options
LA Fitness Logo sourced from Wikimedia Commons
Founded in sunny Southern California, LA Fitness has served its growing member base since 1984. As of 2020, LA Fitness was not embroiled in any class action lawsuits, and the company claims it avoids small claims court because of its terms of use policy that features an arbitration process.
But when LA Fitness mistreats you, what are your options to file a formal complaint?
At this point, you’ve probably tried calling LA Fitness customer service. You’ve spent hours on the phone with hold messages, computerized menus, and—if you’re lucky—a few humans. So now you want to know:
LA Fitness Dispute Resolution Policies
With class action lawsuits typically taking a long time to resolve, as well as cost a considerable amount of money to litigate, LA Fitness disputes with members often go through a binding arbitration hearing. The company clearly defines the dispute resolution process within its terms of use policy.
“Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.”
“This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us or any Affiliates arising out of or relating to this Agreement or your use of the Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that you may assert claims in small claims court if they qualify for hearing by such a court. However, even for those claims that may be taken to court, you and we both waive: (a) any claims to recover punitive or exemplary damages; (b) any right to pursue any claims on a class or consolidated basis or in a representative capacity; and (c) any right to a jury trial.”
LA Fitness includes a detailed section within its terms of use policy that discusses the company’s binding arbitration procedure.
How to Sue LA Fitness in Small Claims Court
Class action lawsuits operate on the principle of “The more, the merrier,” The legal team for the plaintiff class wants as many plaintiffs as possible to boost the amount of the financial award handed out by a judge or a jury. Although LA Fitness prohibits the filing of class action lawsuits, you can sue the company in a small claims court.
The maximum financial award in a small claims court case is $10,000, with the minimum amount handed out running $2,500. Many injuries suffered at fitness centers cost much more than $10,000 to treat and rehabilitate, which makes a binding arbitration hearing the ideal legal setting for you to get what you deserve financially from LA Fitness.
File a Claim against LA Fitness with the Consumer Financial Protection Bureau (CFPB)
At the federal government level, the Consumer Financial Protection Bureau (CFPB) helps consumers keep unethical businesses in line. The CFPB has the legal power to fine a company for negligence and/or place restraints on the operation of a company that include shutting a business down for a short period, as well as permanently closing its doors. Access the CFPB website to file a formal complaint against LA Fitness.
Contact the Better Business Bureau about your Complaint Against LA Fitness
As the ultimate advocate for consumers, the Better Business Bureau (BBB) receives and processes consumer complaints concerning businesses that operate in every sector. Consumers can file complaints against businesses on the BBB website, which the agency vets for accuracy and authenticity. Although LA Fitness has received numerous complaints from consumers over the years, the company has made an effort to resolve disputes by responding to many consumer complaints. The BBB has accredited LA Fitness for more than 30 years, as well awarded the fitness center chain with its highest rating of A+.
Use Arbitration to Settle Your Complaint with LA Fitness
Overview of the Binding Arbitration Process
The legal proceeding that unfolds in a small claims court includes a small claims limit on the amount of money awarded to consumers for suffering a personal injury caused by a company like LA Fitness. However, a binding arbitration hearing does not include a settlement limit. If you suffered a serious injury while working out at LA Fitness, one of our experienced representatives can help you recover most, if not all of the costs associated with diagnosing, treating, and rehabilitating the serious injury.
During an arbitration hearing that includes the support of a representative from FairShake, both parties agree on selecting a neutral arbitrator to oversee the hearing. The arbitrator listens to both sides of the story, as well as closely examines physical and anecdotal evidence, before he or she issues a binding decision. Neither party has the right to appeal a decision made by an arbitrator. FairShake collaborates with the American Arbitration Association during the time it takes to represent clients in a binding arbitration hearing.
How Much Does Binding Arbitration Cost?
LA Fitness should have a clause under the binding arbitration section of its terms of use policy that clearly assigns financial responsibility for taking care of the costs of a binding arbitration hearing. You might be saddled with all the fees associated with the hearing or LA Fitness must pay the administration fee. There is also the possibility that both parties share the responsibility for paying some of the costs associated with the binding arbitration process.
Consult with a representative from FairShake to learn more about the binding arbitration process.