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May 19

Tempe man sues LA Fitness, claiming billing fraud

by Robert Anglen - May. 17, 2012 07:20 PM The Republic | azcentral.com

A Tempe man is suing LA Fitness for fraud, contending that staff members used his electronic signature to charge him for more than $1,200 in services he did not want or need.

Benjamin Calleros, 22, said LA Fitness drained his bank account of money set aside for tuition when staff members fraudulently signed him up for personal-training services.

The lawsuit mirrors hundreds of concerns posted on consumer-protection websites alleging that LA Fitness bills for unrequested services, continues auto-deducting monthly fees after contracts are canceled and refuses to reimburse once fees are collected.

"I was never someone who thought I would sue anyone," said Calleros, who is a film student at Scottsdale Community College. "But somebody needs to stand up."

LA Fitness officials in Arizona and at its headquarters in California did not respond to repeated requests for interviews.

Phoenix lawyer Tom Burke, who represents the LA Fitness in this case, said Thursday that the lawsuit would be challenged in court.

"We deny the allegations," he said, without discussing specifics of the case.

Phoenix lawyer Van O'Steen, who is representing Calleros, said the lawsuit raises larger questions about the way electronic signatures are collected via remote devices.

"These electronic-signature pads are the equivalent of someone signing a blank piece of paper," he said. "(Calleros) was told he was signing a waiver. ... He hadn't signed a waiver at all, but a personal-training contract."

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Tempe man sues LA Fitness, claiming billing fraud

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