Lawsuit Unveils Issues with Fast-Growing E2M Fitness Company | Queen City Nerve

Jeff Witherspoon launched Eager to Motivate, known as E2M Fitness, in 2016 with a mission to motivate busy adults who want to lose weight or get back in shape but don’t have the time to attend a traditional gym or fitness center. Since then, building on word-of-mouth that manifested through the company’s referral program, E2M has seen a steady rise in popularity, going from a small Charlotte-based venture to getting national attention.

Over its eight years, E2M has garnered more than 200,000 members, many of whom network and share their experiences with the company’s programming in the company’s members-only E2M Training Motivation Group on Facebook.

Now a class action complaint filed against E2M for an alleged breach of contract is leading to a wider discussion about the culture of the company, with a recent shift in the business model leading some members to a backlash online in which members complained they were not receiving the services they signed up for.

Operated as a fully virtual program targeted at busy adults struggling to balance physical and nutritional wellness with their hectic schedules, E2M provides members with workout videos, weekly meal plans, mental fitness exercises and an online community for support.

The promise of lifetime access for a one-time enrollment fee of $320 was a big draw pushed by the company. These lifetime benefits were also promised to E2M member’s spouses at no additional cost. In August, E2M suspended lifetime access for those who paid the “one-time” enrollment fee, instead enacting a monthly fee of $19.99 for members and an additional $9.99 per month for their spouses.

This change led to a massive backlash among the company’s online community, followed by backpedaling from E2M, which said it would continue to provide access to E2M services for those who had already paid the one-time enrollment fee without charging them any additional fees.

However, the change still led to a class action complaint alleging breach of contract and other repercussions for the growing business.

Member files suit against E2M

According to Blake Thomas*, an E2M Fitness member who signed up in 2021, the program grew in large part due to the sense of solidarity between members who would go through the program together and encourage each other in a positive online environment.

The company’s original strategy provided members an eight-week, structured program targeted at those wanting to lose a significant amount of weight in a short period. Eventually, E2M added an additional program called E2M Premium for members who had reached their goal within the eight-week program and wanted more specialized workouts.

Thomas said that, over the summer, E2M announced it was cutting the eight-week program because it was not “growing enough business,” taking down the main Facebook page along with it and re-directing people to the new “2.0” program that would take its place.

After the announcement, active E2M members set up various Facebook pages to discuss the recent news. It was then that members began to share disturbing personal experiences with E2M. A subreddit page titled r/E2Mexposed, launched on Aug. 29, features posts that include accusations of sexual harassment against specific E2M coaches and a number of other allegations against the company.

“That’s when everything seemed to change and basically all the positive culture that once existed went away,” Thomas told Queen City Nerve. “I imagine Jeff did not anticipate or think of some of the possible consequences by ending a ‘lifetime membership’ that he had been promoting even just a couple weeks prior to him shutting it down on [Facebook].”

Witherspoon reopened the Facebook page a week later for the original eight-week program members, called Legacy Members. By that point, the damage had been done, Thomas said. “Thousands of folks were now aware of the issues within E2M.”

On Aug. 28, plaintiff Danille Gallinaro filed a class action complaint on behalf of herself and other members against defendant E2M Fitness, claiming breach of contract, unjust enrichment, unfair and deceptive trade practices under state law, violation of various state consumer protection statutes, fraudulent and negligent misrepresentation and other violations.

In the complaint, Gallinaro alleged E2M promised prospective members that, after paying a one-time enrollment fee of $320, they would receive “perpetual lifetime access” to virtual resources and E2M-created content that would now no longer be available.

Since the Facebook page was re-opened, members have noticed acts of censorship in which posts critical of E2M are deleted regularly. Queen City Nerve reviewed dozens of screenshots of posts criticizing the company that were taken before the posts were deleted.

“I think this was a decent plan at first and the community was as great, but now it’s a hot mess,” one comment said. “Like watching a slow train wreck and I know this will be censored which makes me sad but I am so over it. Jeff, you had a good thing and you completely screwed it up. For everyone else, google cult. Bye because I’m sure I’ll be kicked out.”

After coaches and admins pointed members to the “appropriate parties” for answers, many members say their messages have gone unanswered.

“How long should you pay for something without receiving it before you voice a public complaint? Is 5 weeks not long enough?” another comment said. “People are paying for services without being able to access them.”

Members also mentioned that E2M Legacy was still accepting new members weeks before the new roll-out. When they raised questions to Witherspoon or his staff regarding the lifetime access they were promised, they received no answers.

Multiple reports surfaced of members being charged twice monthly for the same Premium subscription, as well as members reporting that they were unable to cancel their subscriptions or unable to access the Facebook group despite paying the monthly subscription fee.

To many, this change was a wake-up call to reevaluate the sustainability of the program. Some members have said Witherspoon scaled too big too fast, relying on a single lifetime payment from each member while continuously adding more coaches every eight-week round. Jane Allen*, an E2M member since 2022, told Queen City Nerve she will not pay the monthly fees because, to her, E2M isn’t worth it.

Allen said the meal plans and workouts were not a sustainable option for her. The pre-portioned meals left her constantly hungry and she said the coaches would make members feel guilty about skipping workouts.
Ultimately, Allen, along with many other members, are questioning what access they still have as original lifetime members.

E2M responds to allegations

When Queen City Nerve reached out to E2M Fitness for comment on the allegations, spokesperson Myles B. Caggins III said he was not familiar with the lawsuit. After having a chance to read it over, he sent a statement.

“E2M is proud of our members who have positively transformed their mind, body, and health in a vibrant virtual community; we are investing in technology and staff to continue delivering life-changing coaching to our global membership. All E2M Legacy members — those who paid $320 prior to August 26, 2024 — continue to have full access to workouts, dietary guidance, and mindset and motivation videos through their members’-only Facebook group.

“As of October 23, 2024,” the statement continued, “there are more than 217,000 members in the E2M Legacy Facebook group; the E2M Legacy members are not required or requested to pay any additional fees. All new E2M members — those who joined after September 1, 2024 — pay a $19.99 monthly subscription fee for access to E2M’s 2.0 program and web-based app. We are thankful for the strong Queen City interest in E2M and invite the public to take a deeper look at the life changing and life saving transformation stories from our clients, and the philanthropic work we do throughout the city of Charlotte.”

Caggins also sent testimonials from members happy with the results of their programming while listing examples of more than $1 million in charitable donations the company has made to women’s shelters, youth sports programs and local nonprofits.

He explained that, due to the pushback, Witherspoon re-evaluated the policy change and decided to grandfather in the Legacy members.

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For Legacy members looking for answers regarding their payments or access to services, Caggins suggested sending an email to questions@e2mfitness.com.

“E2M has had staff working overtime to respond to emails and address concerns from its members,” he said. “E2M has provided multiple updates to its membership through email and also Facebook group postings that provide contact information for the members who have concerns related to technology or account status.”

*Names have been changed at request of sources.