As businesses around the country slowly start to reopen after
COVID-19 closures caused by state and local government-mandated
operation restrictions, plaintiffs have flocked to the courts
filing class actions against membership clubs that did not fully
refund fees charged while access to facilities and amenities were
limited or unavailable. The most frequent targets of these
suits are fitness, health, and social clubs who face consumer class
claims for breach of contract, business torts and violations of
state consumer protection laws.
Three such recently filed cases are Labib v. 24 Hour Fitness
USA Inc., Civ. No. 3:20-cv-02134-JD (N.D. Cal. Mar. 27, 2020),
Delvecchio v. Town Sports International LLC, Civ. No.
1:20-cv-10666-MLW (D. Mass. Apr. 5, 2020), and Cuenco v.
ClubCorp USA, Inc. et al, Civ. No. 3:20-cv-0074-JLS-AHG (S.D.
Cal. Apr. 23, 2020). Each arises from government-imposed business
operations restrictions that temporarily shut down physical access
to a
