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Peloton Can’t Shake Consumer Deception Claims Over Library Size

Nov. 9, 2020, 10:16 PM

Peloton Interactive Inc. isn’t shielded from class action claims that it deceived customers about its supposed “ever-growing” library of fitness classes despite its terms of service authorizing it to remove content at any time, the Southern District of New York ruled Monday.

Peloton’s argument is “based on a non-sequitur,” the court said.

The terms of service might protect Peloton from a breach-of-contract claim for the removal of a particular class or group of classes, the U.S. District Court for the Southern District of New York said. But the terms don’t relieve the company of liability for a deceptive marketing claim ...