According to the 24 Hour Fitness subscriber agreement, the following contract provisions were buried in very fine print:
According to this lawsuit, the defendant never received a copy of the full and complete agreement or any materials that accompanied the renewal offer. In fact, there was one issue where the plaintiff was told that her membership would be cancelled immediately without any opportunity to ever review or respond to the offer. This issue arose because the plaintiff had not yet signed or obtained her copy of the contract. In addition, this issue arose because, even if she had received her copy of the contract, she never consented to the contract as she had not agreed to the term and did not accept the cancellation penalty which typically accompanies signing of a contract. Pursuant to our law, once a customer signs a contract, whether orally or in writing, such acceptance must be unconditional.
Subsequently, it was discovered that the defendant failed to give notice of renewal to subscribers when it was required by law. Subsequently, it was finally brought to the Court’s attention that the defendant failed to give its consent for the renewal rate to be changed from annual to annual. Subsequently, in the present case, it was finally found that the defendants failed to give its consent because it failed to provide any evidence that a change in membership was necessary or beneficial to the company. Consequently, the Court has ordered the defendants to pay the plaintiff its entire liability for the entire year of membership for the instant term of the lawsuit. The Court has further ordered the defendants to pay the plaintiff’s fees for filing the lawsuit.
The Court also found that the defendants were aware that they required an applicant to pay for a lifetime membership. Accordingly, the defendants mailed the application forms to applicants in the state of Florida, where the plaintiff had filed the instant class action lawsuit. The letter stating that the lawsuit was brought on behalf of the plaintiff by an attorney was returned by the applicants in response. Consequently, the defendants failed to mail the application forms to applicants in the state of Florida, where the instant class action lawsuit was filed.
Accordingly, after the instant suit was filed in the district attorney’s office in Florida, a letter was sent by the plaintiffs’ attorney to the defendant, which stated that the complaint contained serious and cumulative errors which required the filing of a direct lawsuit in federal court. On motion, the plaintiffs’ attorney requested the court to enter a permanent injunction against the defendant. The defendants filed an answer denying the complaint with the court denying the claims sufficiency and raising the defense that the plaintiffs had waived their right to bring a federal claim. After an oral argument on the merits of the complaint, the court entered judgment in favor of the plaintiffs and dismissed the complaint. The plaintiffs were not permitted to amend their complaint in any way during the pendency of the case without the written consent of the court.
On appeal to the United States Court of Appeals for the Eleventh Circuit, a divided panel of the court affirmed the dismissal of the complaint. Although the panel found that the complaint did not state a valid claim for relief under the statutory scheme established by Florida statute, the court concluded that the plaintiffs had waived their right to bring a direct lawsuit against defendant-the Florida gym defendants-under the statute of limitations for actions taken within the three years after the date of the filing of the complaint, Florida statutes generally apply only to claims for injury or damage which occurs within three years of the date of the filing of the complaint. Accordingly, there was no right to recover damages for injuries which occurred more than three years prior to the filing of the complaint.