(TOLEDO, Ohio)—Ohio Attorney General Mike DeWine today announced a lawsuit seeking restitution from a Toledo gym accused of closing without providing refunds to consumers.
The lawsuit accuses the business and owner behind Red Fitness, in Toledo, of multiple violations of Ohio consumer protection laws, including failing to provide refunds for unused gym memberships and continuing to withdraw payments from consumers’ accounts after the gym closed.
“Consumers deserve to receive the services they pay for,” Attorney General DeWine said. “When they don’t, we encourage them to contact the Ohio Attorney General’s Office.”
According to the lawsuit, Red Fitness initially operated at 5424 Airport Highway where it offered an indoor pool and a track. In late January 2015, it moved to another location at 2035 S. Reynolds Road, without an indoor pool or a track, before permanently closing in late August.
Generally under Ohio law, when a fitness center closes or significantly changes the features it offers, consumers have the right to a refund for unused portions of their memberships. In this case, however, Red Fitness allegedly refused to provide refunds both after moving to a different facility and after closing.
Currently the Ohio Attorney General’s Office is aware of 18 unresolved complaints against the business. Additional consumers may be affected.
The Attorney General’s lawsuit, filed in the Lucas County Common Pleas Court, accuses 1871 Developers LLC, doing business as Red Fitness, and its owner, David Barna, of violating Ohio’s Consumer Sales Practices Act and Prepaid Entertainment Contracts Act. In the lawsuit, the Attorney General seeks an injunction to stop any violations of Ohio’s consumer protection laws, consumer restitution, and civil penalties.
Consumers who want to file a complaint should contact the Ohio Attorney General’s Office at www.OhioAttorneyGeneral.gov or 800-282-0515.
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Documents
Lawsuit (PDF)
Media Contacts
Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840