After finding no aggrieved consumers, a New Jersey appeals court has reversed a summary judgment and class certification award in a lawsuit over contract language at Planet Fitness health clubs.
Plaintiff Krystal Kauffman claimed a clause in the contract releasing Planet Fitness from liability for injuries suffered at one of its clubs violated the Truth in Consumer Contract, Warranty and Notice Act. But Kauffman, who suffered no adverse consequences from the contract language, is not an aggrieved consumer under the standard set by the state Supreme Court in its 2018 decision, Spade v. Select Comfort, the appeals court said.
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