Chicago-Area Bally's Fitness Members Sue

Disgruntled Chicago fitness buffs have filed a class-action lawsuit against Bally's Fitness, which recently abandoned the Windy City and turned some of Chicago properties over to LA Fitness.

In the lawsuit, filed by attorney Christopher Cooper, the Chicagoans say they were assured in an email from Bally that their memberships would be honored at LA Fitness facilities, but some say they haven't found that to be the case.

Mike Markzon, one of the named plaintiffs in the case, say that as of Dec. 1 when LA Fitness took over, their memberships no longer were honored and they weren’t allowed to work out. One plaiintiff, Juan Dorado, said Bally's suggested he work out at a Bally's in St. Louis if he didn't like the Chicago locations.

The suit charges that Bally violated the Illinois Consumer Fraud and Deceptive Business Practices Act by selling lifetime memberships to consumers, knowing that it did not have facilities in every locality in the United States.

In some cases, plaintiffs say there are LA Fitness gyms in their area but for unknown reasons, those gyms are refusing to honor the Bally's memberships.

Left behind

It's not only Chicagoans who are frustrated in their attempts to enlarge their shoulder muscles.  The suit says Bally similarly sold lifetime memberships in other cities, then pulled out and left their members gymless and consumers writing to ConsumerAffairs.com have told similar stories.

"I have a lifetime membership to Bally's that originated in NY, but I live in LA. LA Fitness bought out Bally's here and I am told that because Bally's still exist in NY, I cannot use the gym in LA," said Elizabeth of Los Angeles.

In the New York area, Bally sold out to LA Fitness, which has no facilities in New York City.  In Seattle, former Bally members are finding their memberships are not honored if they were purchased in Texas.

"Have a lifetime membership since 1975. Originated with Jack LaLanne - acquired by Bally," said Marguerite of Nesconset, NY. "Bally recently transferred all active accounts from their Lake Grove, NY gym to LaFitness, Lake Grove. I went to pay my fees this morning and workout and was told that it no longer existed. ...  Bally claimed that they did not know of our accounts and that they cannot help us."

In some cases, Bally abandoned entire metropolitan areas without making any provision for its members, the suit argues.

Dorado said he has four Bally memberships, one for himself and the rest for his family.  Bally has not transferred his memberships to LA Fitness and continues to insist he is a Bally member and can work out at Bally facilities in St. Louis, roughly five hours away.

The suit seeks an injunction requiring the class members be allowed to exercise at Bally and LA Fitness facilities.  It also seeks compensatory damages and legal fees.