Phoenix, Arizna (PRWEB) April 29, 2012
A Tempe, Arizona man has filed a lawsuit against L.A. Fitness health clubs alleging he was fraudulently induced to sign a contract for personal training services at the company’s Tempe, Arizona facility.
Benjamin Calleros, a student at Scottsdale Community College, filed suit in Maricopa County Superior Court alleging that he was offered a free fitness assessment when he joined L.A. Fitness as a club member.
According to Mr. Calleros’ Complaint, a staff member of the Tempe facility conducted the assessment, which consisted of a heavy workout followed by a sales pitch urging Calleros to purchase “personal training” services from L.A. Fitness. Calleros alleges that after he declined to enter into a personal training contract, the staff member asked him to sign a “waiver” for the assessment workout, acknowledging that no injury had occurred to him as a result of it. Calleros alleges that the staffer then took him to the location of a small electronic signature pad, where he signed believing this was the waiver for the recently completed workout.
Sometime later, Calleros learned that L.A. Fitness had been withdrawing funds for personal training services through auto-pay from his checking account. When Calleros eventually received a copy of the purported contract, he found that his electronic signature had been affixed to the company’s form contract for personal training services.
Calleros requested the return of all funds improperly taken from his account, but his requests were ignored, even though he never used any personal training services.
The purported contract required Calleros to pay $2,930.00 over a twelve month period.
Jonathan O’Steen of O’Steen & Harrison in Phoenix, who represents Mr. Calleros, says that the Complaint requests unspecified damages on behalf of his client.
Calleros v. L.A. Fitness International, LLC, Maricopa County Superior Court (CV2012-006900).
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