Henry Sanchez v. Fitness Factor Edgewater, LLC- 2020 WL 2758719

Creative effort at class action for gym initiation fees fails in New Jersey.

The plaintiff, an individual who signed up for a fitness membership, brought a class action suit under the Retail Installment Sales Act (RISA), N.J.S.A. 17:16C-1 to -61, against the defendant gym. The plaintiff argued the gym’s initiation fee violated RISA. The defendant argued RISA did not apply to gym contracts. The New Jersey Supreme Court agreed with the plaintiff, reasoning that RISA applied to service contracts based on a plain reading of the statute, leaving the trial court to determine whether the contract violated RISA.

 

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