An Amped Fitness member/lawyer in Florida alleges he was wrongly charged a fee for failing to return gym equipment
An Amped Fitness gym-goer alleges he was wrongly charged with a fee and has filed a proposed class action lawsuit against the popular high-value, low-priced gym, claiming that Amped Fitness has violated the Florida Consumer Collection Practices Act (FCCPA).
The initial complaint, filed in Broward County, Florida, on July 10, 2024, states that the Amped Fitness member was charged a $50 fee on his credit card on or about June 4, 2024, for failing to return exercise equipment to a specific location.
The plaintiff — who is a consumer rights lawyer with a boutique law firm — argues that his signed membership contract with Amped Fitness “does not provide for the assessment of fees for failure to return exercise equipment to a specific location (known in the fitness industry as re-racking weights)” though it does include fees for other offenses — such as failure to clean liquid chalk residue.
The filing includes the plaintiff’s membership contract with Amped Fitness as Exhibit A, which shows that the member joined the gym on January 24, 2024, as a VIP+ member.
The contract lists standard terms and conditions, including one that mentions weights, requiring weight plates to be returned to the racks after each use and sprayed or wiped down, although it appears there is no fee associated for not doing so.
In contrast, the contract specifies that liquid chalk must be cleaned after each use, or a fee will be incurred: “$50 clean fee will be charged to the member per occurrence of leaving residue. Member agrees to be billed if caught.”
A civil cover sheet estimates the claim at over $100,000. The complaint was filed with the court on July 10, 2024. Amped Fitness filed a motion to dismiss in August, according to court records. The case is currently listed as pending.
The amenity-rich Amped Fitness franchise, based in Florida with locations throughout the state, also has gyms in Alabama and Tennessee and has recently expanded into the Texas market.
Amped Fitness did not immediately respond to requests for comment.
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