ltdiver 3 #1 February 5, 2010 Today I received a notice inviting me to join a class action lawsuit. I've received frivolous other class action notices in the past and have just ignored them. This one struck a nerve. So I joined. LA Fitness and their inability to honor their written contracts. Especially their cancelation policy. (They charged me an additional 2 months after my contract was canceled by me). See here: https://www.gymsettlement.com/gym/pdf/willasett.pdf Anyone else join a class action lawsuit? What was your experience? ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
BillyVance 34 #2 February 5, 2010 I did, once. Got a notice in the mail about a class-action suit against the railroad company that manages the tracks that run by within 1-2 miles of my house. There was a train collision (big one) across the river from my house. They evacuated the entire town I live in because one of the cars held a hazardous chemical. My wife and I tried a few motels but they were all booked solid so I said fuck it, lets go to my friend's apt in the next town, so we spent the night on his futon in the living room. The class action suit was to sue the RR company for what the residents had to endure and recover costs related to the evacuation. We got about $450, I think. Not a bad haul since we didn't stay in a motel. "Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
ltdiver 3 #3 February 5, 2010 Well, that would buy a few jumps, wouldn't it? I'm reading that the amount this lawsuit is angling for is in the millions. $9,700,000.00 to be exact. Wonder how many will be sharing the spoils? ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
BillyVance 34 #4 February 5, 2010 Quote Well, that would buy a few jumps, wouldn't it? I'm reading that the amount this lawsuit is angling for is in the millions. $9,700,000.00 to be exact. Wonder how many will be sharing the spoils? ltdiver Well, depends on how much of that amount the lawyers will rake off... I got another letter recently for another class action suit. Can't remember what it was for, something about some company overcharging customers with hidden fees. I looked it over, calculated how much I was ripped off, and it amounted to something like $30. Fuck that. I threw it out."Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
lawrocket 3 #5 February 5, 2010 Quote Well, that would buy a few jumps, wouldn't it? I'm reading that the amount this lawsuit is angling for is in the millions. $9,700,000.00 to be exact. Wonder how many will be sharing the spoils? ltdiver You might get a $5-$10 voucher. The lawyers will get about $3 billion. That's what fairness is all about. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
ltdiver 3 #6 February 5, 2010 Quote Quote Well, that would buy a few jumps, wouldn't it? I'm reading that the amount this lawsuit is angling for is in the millions. $9,700,000.00 to be exact. Wonder how many will be sharing the spoils? ltdiver You might get a $5-$10 voucher. The lawyers will get about $3 billion. That's what fairness is all about. Hmmmmm.....my sugar daddy then? ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
Gene03 0 #7 February 5, 2010 My sister joined the Phen/Fen lawsuit. She received enough to buy a new car one year before her fatal heart attack at age 65. I'm too lazy to find out what the firm profited on the action. Do your own research. Is your ROI worth more than your personal time invested? Who is it going to bring down? Do you want to be a part of it? Lots of questions. Very few answers. Do your homework, make up your own mind.“The only fool bigger than the person who knows it all is the person who argues with him. Stanislaw Jerzy Lec quotes (Polish writer, poet and satirist 1906-1966) Quote Share this post Link to post Share on other sites
Southern_Man 0 #8 February 5, 2010 Quote Quote Well, that would buy a few jumps, wouldn't it? I'm reading that the amount this lawsuit is angling for is in the millions. $9,700,000.00 to be exact. Wonder how many will be sharing the spoils? ltdiver You might get a $5-$10 voucher. The lawyers will get about $3 billion. That's what fairness is all about. Angling for and getting are two different things. Probably get a small voucher. At best a month or two of free gym membership, which I don't know if you would want."What if there were no hypothetical questions?" Quote Share this post Link to post Share on other sites
Andy9o8 2 #9 February 5, 2010 The case has already been settled. Here is a description of the lawsuit and the terms of the settlement, and your various choices for either "doing something" or "doing nothing", as well as for either "opting in" or "opting out" (This appears to be the form that was sent out to all class members; it should be read carefully): https://www.gymsettlement.com/gym/(S(uzrvii45cuxqalvfa255yk55))/pdf/willanot.pdf http://docs.google.com/viewer?a=v&q=cache:WXgt6jRo2gEJ:https://www.gymsettlement.com/gym/(S(uzrvii45cuxqalvfa255yk55))/pdf/willanot.pdf+%22la+fitness%22+%22class+action+lawsuit%22+damages&hl=en&gl=us&sig=AHIEtbRMq3wkkrOL9K_yWW3O4YpfRuywfQ The proposed settlement is for $9.7 million. It would award class members, at each respective member's choice, either: (a) A cash award based on an individual formula as described in Section III-a, or (b) A 45-day free access pass, which is transferable to others. The two class representatives - i.e., the two named plaintiffs - would each receive $5,000 apiece. The proposed attorneys' fees, which have not yet been approved by the Court, are $1.4 million. If approved, based on a total class award of $9.7 million, that works out to a contingency fee of 14.4%. Those are the plain facts. Everything else is just ... well, everything else. Quote Share this post Link to post Share on other sites
TrophyHusband 0 #10 February 5, 2010 there was some debeers diamond class action a while back i qualified for. it only took a few minutes to fill out the paperwork. haven't heard anything in a couple years though. "Your scrotum is quite nice" - Skymama www.kjandmegan.com Quote Share this post Link to post Share on other sites
ltdiver 3 #11 February 5, 2010 Yes, Andy, I know this. Did my research last night before filling out the simple paperwork. My post here is to find out other's experiences, just as a case of interest. ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
Andy9o8 2 #12 February 5, 2010 Quote Yes, Andy, I know this. Did my research last night before filling out the simple paperwork. My post here is to find out other's experiences, just as a case of interest. OK. Some of the reason for my post was for the broader audience, to replace suppositions with facts. Generally speaking, there's no down-side to allowing oneself to be a member of a plaintiff class in a class action lawsuit. Sometimes if you do nothing, you get nothing. Surprisingly, sometimes even if you do nothing, you still get something; it's structured to sort of be on auto-pilot. And if you feel you're getting a chincy deal by being part of the class, you can always opt-out of the class and file suit on your own behalf. Quote Share this post Link to post Share on other sites
CSpenceFLY 1 #13 February 5, 2010 Quote Well, that would buy a few jumps, wouldn't it? I'm reading that the amount this lawsuit is angling for is in the millions. $9,700,000.00 to be exact. Wonder how many will be sharing the spoils? ltdiver Wish we had a skydiving attorney that would do this to Skyride. Quote Share this post Link to post Share on other sites
BillyVance 34 #14 February 5, 2010 Quote Quote Well, that would buy a few jumps, wouldn't it? I'm reading that the amount this lawsuit is angling for is in the millions. $9,700,000.00 to be exact. Wonder how many will be sharing the spoils? ltdiver Wish we had a skydiving attorney that would do this to Skyride. No shit. Even if there was, they'd have to get in line. There are quite a few outfits waiting for the Skydive Arizona judgment to be collected before they proceed with their own lawsuits, and they're not necessarily in skydiving. Simply put, skyride is going to be up to their scalp hair follicles in lawsuits for years and years. Has Cary gone bald yet? If not, he will be. "Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
pirana 0 #15 February 5, 2010 Quotethere was some debeers diamond class action a while back i qualified for. it only took a few minutes to fill out the paperwork. haven't heard anything in a couple years though. Unless deBeers establishes a business office in this country - how could such a suit go anywhere?" . . . the lust for power can be just as completely satisfied by suggesting people into loving their servitude as by flogging them and kicking them into obedience." -- Aldous Huxley Quote Share this post Link to post Share on other sites
Shotgun 1 #16 February 5, 2010 I joined a similar lawsuit (against a gym) a long time ago. I ended up getting a check for $25, which is probably a little less than what they owed me, but I guess it was better than nothing. And actually, I was just satisfied to see that they weren't getting away with their BS. Quote Share this post Link to post Share on other sites
ltdiver 3 #17 February 6, 2010 QuoteAnd actually, I was just satisfied to see that they weren't getting away with their BS. And that's exactly why I joined. The amount per individual will be a pittance, but that's not the point. Even if the attorney fees are fantastic, at least the defendant will hurt in the financial angle for a time. To speak nothing of the bad press. ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
Andy9o8 2 #18 February 6, 2010 QuoteQuoteAnd actually, I was just satisfied to see that they weren't getting away with their BS. And that's exactly why I joined. The amount per individual will be a pittance, but that's not the point. Even if the attorney fees are fantastic, at least the defendant will hurt in the financial angle for a time. To speak nothing of the bad press. And that right there makes it a noble cause. I sometimes pursue a case - I mean for myself or family, not for a client - against someone who I feel has royally screwed us, even if I think the chance of ultimately winning in court is low. My thinking being: maybe I can't get my money back that they've screwed us out of, but - considering their costs of defense - I can sure as hell prevent them from keeping it. Quote Share this post Link to post Share on other sites
ltdiver 3 #19 February 6, 2010 I've also had several 'class action' mailers that came in the mail over the years. This is the first one I've joined. The others, IMO, were frivolous and I didn't feel like I'd been wronged . . . so I didn't join them. I'll bet their are hundreds of these filed every year. One of the costs of being in business I guess. ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
Bolas 5 #20 February 6, 2010 Most class action suits have written into them that any excess not distributed to the plaintiffs is split among the legal team. So if you don't take it, the lawyers get it. Stupidity if left untreated is self-correcting If ya can't be good, look good, if that fails, make 'em laugh. Quote Share this post Link to post Share on other sites
Andy9o8 2 #21 February 7, 2010 Quote Most class action suits have written into them that any excess not distributed to the plaintiffs is split among the legal team. So if you don't take it, the lawyers get it. Really? In my 25 years of legal practice, most of the class action suits of which I have been aware have a specific amount of legal fees set by the court; and no matter what, the lawyers get not a penny more. But I imagine your source material is superior to mine. Quote Share this post Link to post Share on other sites
Bolas 5 #22 February 7, 2010 Quote Quote Most class action suits have written into them that any excess not distributed to the plaintiffs is split among the legal team. So if you don't take it, the lawyers get it. Really? In my 25 years of legal practice, most of the class action suits of which I have been aware have a specific amount of legal fees set by the court; and no matter what, the lawyers get not a penny more. But I imagine your source material is superior to mine. So to whom does any excess go?Stupidity if left untreated is self-correcting If ya can't be good, look good, if that fails, make 'em laugh. Quote Share this post Link to post Share on other sites
Andy9o8 2 #23 February 7, 2010 Quote Quote Quote Most class action suits have written into them that any excess not distributed to the plaintiffs is split among the legal team. So if you don't take it, the lawyers get it. Really? In my 25 years of legal practice, most of the class action suits of which I have been aware have a specific amount of legal fees set by the court; and no matter what, the lawyers get not a penny more. But I imagine your source material is superior to mine. So to whom does any excess go? Generally into a dedicated plaintiff escrow fund, and/or distributed among already-identified plaintiffs. Quote Share this post Link to post Share on other sites
ltdiver 3 #24 February 7, 2010 Quote Quote Quote Quote Most class action suits have written into them that any excess not distributed to the plaintiffs is split among the legal team. So if you don't take it, the lawyers get it. Really? In my 25 years of legal practice, most of the class action suits of which I have been aware have a specific amount of legal fees set by the court; and no matter what, the lawyers get not a penny more. But I imagine your source material is superior to mine. So to whom does any excess go? Generally into a dedicated plaintiff escrow fund, and/or distributed among already-identified plaintiffs. That would be acceptable, however if I read this particular brief correctly the fund that are not awarded are kicked -back- to LA Fitness. If this is true it's even MORE reason to make sure we all file our claim. ltdiver Don't tell me the sky's the limit when there are footprints on the moon Quote Share this post Link to post Share on other sites
Andy9o8 2 #25 February 7, 2010 Quote Quote Quote Quote Quote Most class action suits have written into them that any excess not distributed to the plaintiffs is split among the legal team. So if you don't take it, the lawyers get it. Really? In my 25 years of legal practice, most of the class action suits of which I have been aware have a specific amount of legal fees set by the court; and no matter what, the lawyers get not a penny more. But I imagine your source material is superior to mine. So to whom does any excess go? Generally into a dedicated plaintiff escrow fund, and/or distributed among already-identified plaintiffs. That would be acceptable, however if I read this particular brief correctly the fund that are not awarded are kicked -back- to LA Fitness. OK, which may also very well be the case. Frankly, I probably wouldn't have joined the thread at all had this not been at least the second time - and I'm not referring to you at all, ltdiver - that I've had to step in to correct some really incorrect (and "authoritatively-delivered") suppositions by replacing them with actual facts. Quote Share this post Link to post Share on other sites