In Melett v Aquasid LLC, plaintiffs alleged that defendants health club agreements violated several New Jersey statutes including the Truth in Consumer Contract and Warranty and Notice Act (TCCWNA), New Jersey Consumer Fraud Act (CFA), Retail Installment Sales Act (RISA) and Health Club Services Act (HCSA.) On the basis of these claims, plaintiffs sought to certify a class of over 18,000 members.

Sean X. Kelly and Sean Robins successfully defeated plaintiffs motion for class certification and also prevailed on a cross motion to dismiss the case. The ruling has drawn attention given the recent increase in class action filings under the TCCWNA and the relatively sparse precedent on the scope of the Act.