Class action challenging surprise annual fees at Retro Fitness gets new life

A New Jersey appeals court has ruled that a trial court must reconsider a class action lawsuit against Retro Fitness, alleging the gym chain failed to clearly disclose several fees added to monthly membership dues. The lawsuit, originally filed in 2020 by Shaun Morrell, claims he was charged enrollment, processing, and annual rate guarantee fees—totaling nearly $90—on top of the advertised $19.99 monthly rate, without being shown a contract or informed of these charges when registering over the phone. Morrell’s attorneys argued these hidden fees violated several New Jersey consumer protection laws, including the Trust-in-Consumer Contract, Warranty and Notice Act.

The initial trial court ruled in favor of Retro Fitness in 2024, dismissing the complaint due to the statute of limitations. However, the appeals court found that the trial court did not adequately address the statute of limitations issue and vacated the dismissal, sending the case back for further review. Morrell’s case was previously consolidated with a similar suit involving four other plaintiffs, but his attorneys argued his claim was filed within the legal timeframe and should be considered separately.

Retro Fitness has not yet responded to requests for comment. The appeals court’s decision allows the lawsuit to proceed, potentially leading to a trial where the gym’s fee practices will be further scrutinized.

(Source：NJ.com)