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SANCHEZ v. FITNESS FACTORY LLC

A-93 September Term 2018 082834.

231 A.3d 606 (2020)

242 N.J. 252

Henry SANCHEZ, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. FITNESS FACTORY EDGEWATER, LLC, Fitness Factory Rockaway, LLC, The Fitness Factory Group, LLC, and Dennis Cieri, Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 28, 2020.

Attorney(s) appearing for the Case

Andrew R. Wolf argued the cause for appellant (The Wolf Law Firm, attorneys; Andrew R. Wolf, New Brunswick, David J. DiSabato, and Lisa R. Bouckenooghe, on the briefs).

Ronald L. Israel argued the cause for respondents (Chiesa Shahinian & Giantomasi, attorneys; Ronald L. Israel, Daniel D. Barnes, and Brigitte M. Gladis, West Orange, on the briefs).

Garen Gazaryan, Deputy Attorney General, argued the cause for amicus curiae New Jersey Department of Banking and Insurance (Gurbir S. Grewal, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel, and Garen Gazaryan, on the brief).

Esther E. Berezofsky submitted a brief on behalf of amici curiae Consumers League of New Jersey and National Association of Consumer Advocates (Motley Rice New Jersey, attorneys; Esther E. Berezofsky, Cherry Hill, of counsel and on the brief).

This case requires the Court to consider the application of the Retail Installment Sales Act, N.J.S.A. 17:16C-1 to -61 (RISA). Plaintiff Henry Sanchez brings this class action seeking relief based on RISA. He contends that the "initiation fee" charged in defendant Fitness Factory's gym membership...

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