Chances are your Planet Fitness contract has language that says you can’t sue them in most courts thanks to an arbitration clause. But the one option you do still have a small claims court. If you do everything right and invest the time, you usually get what you want.
Before you sue Planet Fitness in small claims court you have to make sure that the small claims court will accept your claim. There are a few limitations.
The first is the amount of money you are asking for. When you sue someone you’re asking them to give you compensation for damages and small claims courts have a maximum dollar amount. In Most states that amount is $5,000 worth $10,000 but it differs. You can find a list of all 50 states’ monetary limits here.
If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
Before you can head down and sue Planet Fitness in small claims court you have to ask them nicely to fix the problem beforehand. Sure, you’ve probably tried this by way of customer service but now you have to let the bosses know that you want them to fix something before you sue. This doesn’t have to be a complicated letter. In fact it can be nothing more than a few sentences telling them what your gym account number is if you have one, your name, address, phone number, what the problem is, and how you want them to fix it. The whole point of this is just to check a box.
When you’re done you have to mail a hard copy of that letter preferably through certified mail or something that lets you confirm delivery to the official address.
COGENCY GLOBAL INC.
63 Pleasant Street
Concord, NH, 03301
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
This doesn’t mean that you have completed the process to sue Planet Fitness in small claims court. Remember that you have multiple copies for a reason.
Now you have to take one of those copies and officially serve Planet Fitness, informing them that they are being sued. There are very specific rules on how you have to do this and each court is different so pay particular attention to the requirements on your state court website.
If you miss any step or something isn’t done correctly they can throw your case out.
So be careful!
Ready to sue Planet Fitness in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
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