Peloton Can’t Nix False Ad Suit Over Online Fitness Classes

November 10, 2020

A New York federal judge on Monday slapped down Peloton’s bid to toss a proposed class action against the stationary bike giant claiming it falsely advertises an “ever-growing” library of online fitness classes, ruling while a Michigan customer can’t sue under New York law, the New York-based lead plaintiff can.

U.S. District Judge Lewis J. Liman said Michigan resident Alicia Pearlman can’t assert claims the company violated the New York General Business Law, noting she doesn’t have sufficient ties to the state. However, Judge Liman ruled, New Yorker and lead plaintiff Eric Fishon can continue to pursue the suit on his claims that Peloton’s alleged actions were consumer-oriented and deceptive or misleading in a material way, and that he was injured as a result.

Peloton didn’t anticipate that more than 2,700 customers would take the company up on its offer of arbitration after the “self-serving purge of its on-demand library” following the National Music Publishers Association copyright suit. Fishon claims that Peloton in March 2019 removed approximately 5,739 classes, or 57% of its content, after the NMPA members filed their suit a month earlier.

Fishon is represented by Greg G. Gutzler and Adam J. Levitt of DiCello Levitt Gutzler LLC and Ashley C. Keller and J. Dominick Larry of Keller Postman LLC.


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*As of April 2022, the firm has changed its name from Keller Lenkner to Keller Postman.

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