Welcome to the McCardle Case Settlement Website.
This lawsuit concerns a complaint that was brought by five 24 Hour Fitness members. These members, the Named Plaintiffs, brought five causes of action: 1) breach of contract; 2) breach of the implied covenant of good faith and fair dealing; 3) violation of the Health Studio Services Act; 4) violation of the Consumer Legal Remedies Act; and 5) violation of the Unfair Competition Law. The Named Plaintiffs allege in general terms that 24 Hour has denied them access to certain higher level 24 Hour clubs that they are entitled to use. 24 Hour has denied all of the allegations and still denies any liability for the claims asserted in the Complaint. 24 Hour and the Named Plaintiffs have decided that it is desirable that Class Members' claims be fully and finally settled.
The Settlement was approved by the Court on March 11, 2010.
Type I Class Members who are current members have now been provided all club access in accordance with the terms of the Settlement. These members now have access to each and every existing and future 24 Hour Club, and their dues rates have not increased. Vouchers will be mailed to Type I and Type II Class Members who submitted Claim Forms, in accordance with the terms of the Settlement Agreement. Members who receive such vouchers should follow the instructions on the vouchers to rejoin 24 Hour and/or upgrade their membership at a discounted cost.
Please visit this website again for updates on the mailing of the vouchers. You can also find information on the legal process and developments on The Alameda Superior Court website located at www.alameda.courts.ca.gov. Select the Case Number Query and then enter case number RG08414888.