Marks O’Neill’s New Jersey attorney Sean Kelly obtained a victory before the New Jersey Appellate Division. The Court affirmed the dismissal of a Class Action filed against the owner of multiple health clubs. Plaintiffs claimed that the membership agreements violated numerous statutes, including the Retail Installment Sales Act, New Jersey Consumer Fraud Act, the Health Club Services Act and the Truth In Consumer Contract Warranty Notice Act. At the trial court level, we prevailed in defeating Plaintiffs’ Motion for Class Certification and successfully cross-moved in dismissing Plaintiffs underlying individual claims. The Appellate Division affirmed. In doing so, the Appellate Division issued an important win for New Jersey Health Clubs by holding that Health Club Membership Agreements are not subject to the restrictions of RISA. Plaintiffs sought potentially millions of dollars in statutory damages and attorney’s fees.
August 5, 2017