Legal Question in Business Law in New Jersey

I was a member of a gym that has two separate locations (nj and pa) owned by the same individuals under an llc. The nj site closed on 6/8/11 a week after receiving our monthly membership fees. The billing company who processes our monthly dues told me that all of the June payments were returned back to the business. The buisness got our money. The gym gave telephone numbers to contact for a refund that was posted on their buisness window front but all calls to the owner have not been returned.

Is this something that be handled in small claims court, since the business is still operating but in another state? There are over 100 to 200 people that got screwed out of money. Can a large group proceed as one plantiff and sue this company together?


Asked on 6/30/11, 6:58 am

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Whether you can bring an action in "small claims" court depends on the total amount of money you wish to recover. Whether you can sue in NJ or PA depends on number of things too detailed to discuss in an email. From what you've shared thus far, it seems that a "class action" suit (i.e., on behalf of many plaintiffs) is possible. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600. You may also wish to contact the NJ Division of Consumer Affairs to explore relief through that agency.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 6/30/11, 7:19 am


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