Overpriced toilet paper and hand sanitizer
Online purchasers in Florida are claiming that the seller charged unconscionable prices for goods such as toilet paper and hand sanitizer following the state’s COVID-19 pandemic state of emergency declaration. Sebastian Gonzalez et al v. South Beach Hardgoods Company, April 27, 2020, FL Miami-Dade 11th Judicial Cir. 2020-009139-CA-01.
Similar price gouging claims have been filed against individuals allegedly purchasing N95 masks and selling them at a very high price for a profit; and against producers, wholesalers and retailers for unfair business practices following marked up egg (or other groceries) prices during the pandemic. See, e.g., 3M Company v. Hulomil LLC, April 28, 2020, WI U.S. Dist. Ct., West 3:20-CV-00394
University closing and refunds
The Arizona Board of Regents is challenged for profiting from the COVID-19 pandemic by refusing to refund costs and fees to students ordered out of Arizona universities and transitioned to online classes. The claimants are seeking refunds for unused portions of student room, board and service costs. Rosenkrantz et al v. Arizona Board of Regents, March 27, 2020, AZ U.S. Dist. Ct. 2:20-CV-00613 Class Action.
Class actions against universities have escalated, with students requesting tuition and fee refunds for the shortened spring 2020 semester due to COVID-19 closures. See: Corinti v. Asset Plus Corp., April 07, 2020, FL U.S. Dist. Ct., North 4:20-CV00173; Dixon v. University of Miami, April 08, 2020, SC U.S. Dist. Ct. 2:20-CV01348 Class Action; Rickenbaker v. Drexel University, April 08, 2020, SC U.S. Dist. Ct. 2:20-CV-01358 Class Action; Church v. Purdue University, April 09, 2020, IN U.S. Dist. Ct., North 4:20-CV-00025 Class Action ; Student A v. Liberty University Inc., April 13, 2020, VA U.S. Dist. Ct., West 6:20-CV-00023 Class Action; Carpey v. University of Colorado Boulder ex rel. Board of Regents, April 15, 2020, CO U.S. Dist. Ct .1:20-CV-01064 Class Action; Perna v. American Campus Communities Inc., April 17, 2020, FL U.S. Dist. Ct., Mid. 3:20-CV-00391 Class Action ; Burgos v. Pennsylvania State University, April 20, 2020, NY U.S. Dist. Ct., South 1:20-CV03143 Class Action ; Patel v. University of Vermont, April 21, 2020, VT U.S. Dist. Ct .2:20-CV-00061.
Monthly membership fees
Town Sports International’s (TSI) gym users in New York are alleging that while all the gyms are currently closed and non-operational due to the COVID-19 pandemic, TSI is “outrageously continuing to charge members their monthly membership dues”, which are paid to access the gyms. The plaintiffs also allege that TSI engaged in fraudulent consumer conduct by misrepresenting to customers that it would provide gym services in exchange for membership dues, but then retained membership dues while not providing gym access; and “by misrepresenting to customers that they could cancel their memberships at any time, but then refusing to honor customer cancellation requests.” See Danforth et al v. Town Sports International, LLC et al, April 22, 2020 NY U.S. Dist. Ct., South 7:20-CV-03195 Class Action;
Delvecchio et al v. Town Sports International, LLC et al, April 05, 2020, MA U.S. Dist. Ct. 1:20-CV-10666 Class Action; Namorato v. Town Sports International, LLC et al, March 26, 2020 NY U.S. Dist. Ct., South 1:20-CV-02580 Class Action; Radford et al v. Town Sports International Holdings, Inc. et al, April 09, 2020, NY U.S. Dist. Ct., South 1:20-CV-02938 Class Action.
Other gyms and fitness centers are facing similar lawsuits – see: Brenda Labib v.24 Hour Fitness USA Inc., March 27, 2020, CA U.S. Dist. Ct., North 4:20-CV-02134; Barnett v. Fitness International LLC, March 30, 2020, FL U.S. Dist. Ct., South 0:20- CV-60658 Class Action; Jampol v. Blink Holdings Inc. April 02, 2020, NY U.S. Dist. Ct., South 1:20-CV-02760 Class Action ; Hunt v. Fitness Evolution Inc April 10, 2020, CA U.S. Dist. Ct., North 4:20-CV-02461.; Weiler v. Corepower Yoga LLC, April 15, 2020, CA U.S. Dist. Ct., Cent. 2:20-CV-03496 Class Action
ClubCorp, the operator of 200 golf clubs, which continued to charge members despite being closed, also face similar claims by its users. Cuenco v. ClubCorp USA, Inc., April 23, 2020, CA U.S. Dist. Ct., South 3:20-CV-00774 Class Action.
Season pass holders at Six Flags attraction parks also claim that they should not be charged until locations reopen. See Francis Ruiz v. Magic Mountain, LLC et al, April 13, 2020, CA U.S. Dist. Ct., Cent .2:20-CV-03436 Class Action; McConnell v. Six Flags Entertainment Corporation et al, April 21, 2020, CA U.S. Dist. Ct., Cent. 2:20-CV-03665; Shahriyar Rezai Hariri v. Magic Mountain LLC et al, April 10, 2020, CA U.S. Dist. Ct., Cent. 8:20-CV-00716 Class Action.
Events and Adventures California and Adventures Northwest’s customers pay $170 per month to attend group outings and meet other singles in their area, according to the plaintiffs. Now, with all the planned events canceled, members say they are owed a refund. Carisi v. Events and Adventures California et al, April 02, 2020, CA U.S. Dist. Ct., North 4:20-CV-02260