PITTSBURGH — A member has filed a class action lawsuit against Cornerstone Fitness Waterfront LLC, d/b/a Crunch Waterfront and other entities, citing alleged violations of the Health Club Act and Unfair Trade Practices and Consumer Protection Law, breach of contract and unjust enrichment.
Valerie Abbott filed a complaint on behalf of those similarly situated on Dec. 6 in the U.S. District Court for the Western District of Pennsylvania against the defendants, alleging that Crunch Waterfront was automatically charging new membership fees at the rate of $19.95 for the All-Inclusive Peak Plus, as opposed to the $9.95 monthly base membership fee.
According to the complaint, the plaintiff alleges that on Jan. 30, 2014 she signed a membership agreement with cornerstone Fitness Waterfront LLC, d/b/a Crunch Waterfront. In March 2018, Abbott learned that Crunch Waterfront unilaterally upgraded the member’s base plus membership to the All-Inclusive Peak Plus membership without prior notice or consent, the suit says.
The plaintiff holds Cornerstone Fitness Waterfront LLC, d/b/a Crunch Waterfront, New Evolution Ventures LLC, Crunch LLC, and Crunch Fitness International Inc. responsible because the defendants allegedly continue to collect from members after they notified the defendants of their request for refund of membership dues and has breached their membership agreements.
The plaintiff requests a trial by jury and seeks an order granting injunctive relief, including (but not limited to) changes to defendants’ unlawful and unfair business practices; actual damages; statutory damages; treble damages; attorneys' fees and costs; and, other relief the court shall deem just and appropriate. She is represented by D. Aaron Rihn and Robert Daley of Robert Peirce & Associates P.C. in Pittsburgh.
The U.S. District Court for the Western District of Pennsylvania Case No. is 2:18-cv-01637-CB.