Vail Resorts, Gyms Keep Fees Despite Virus Closings, Suits Say

Vail Resorts and Fit Republic both face potential class actions for allegedly keeping customers’ fees after shutting down all of their respective ski resort and gym locations due to the coronavirus emergency.

Brian Hunt claims Fitness Evolution Inc., doing business as Fit Republic, retained the full amount of its customers’ March membership fees even after the chain shut down all of its more than 30 health clubs nationwide on March 18.

Similarly, Hunt claims that Vail Corp., doing business as Vail Resorts Management Co., “has made the unconscionable decision to retain its millions of customers passholder fees while closing 100% of its mountain resorts” on March 25.

Hunt is seeking to have each case certified as a class action on behalf of customers nationwide, as well as a subclass of California customers.

Causes of Action: California’s Consumers Legal Remedies Act, California’s unfair competition and false advertising laws, breach of warranty, negligent misrepresentation, fraud, unjust enrichment, money had and received, conversion, and breach of contract.

Relief Requested: Restitution and damages, including punitive damages.

Potential Class Size: Hunt estimates members of the Fit Republic nationwide class number in the tens or hundreds of thousands. He estimates the Vail Resorts nationwide class numbers hundreds of thousands.

Response: Neither Fit Republic nor Vail Resorts immediately responded to Bloomberg Law’s request for comment.

Attorneys: Hunt is represented in both actions by Bursor & Fisher PA.

The cases are Hunt v. Fitness Evolution Inc., N.D. Cal., No. 4:20-cv-02461, filed 4/10/20 and Hunt v. Vail Corp., N.D. Cal., No. 4:20-cv-02463, filed 4/10/20.