Is it Legal for Golf Clubs to Charge You Even if They are Closed?

By Kantrowitz, Goldhamer & Graifman, P.C.Class Action

COVID-19 has wreaked financial havoc on people and businesses all over the world. It is no secret that the pandemic has caused millions of people to lose their jobs and struggle to pay for housing and food. While many businesses have taken a customer-friendly approach in this economic climate—this is not true of everyone.

Class Action Lawsuit Against ClubCorp USA, Inc.

ClubCorp USA, Inc. (ClubCorp) is a nationwide company that operates golfing facilities, and its members pay monthly dues ranging from $120 to more than $800. According to a recently filed golf club lawsuit, ClubCorp has allegedly continued charging members these monthly dues despite the facilities being closed under COVID-19 restrictions.

They reportedly advertise that memberships will provide golfers “a world of premium benefits across the ClubCorp Network.” The lead plaintiff of the new class action filed against ClubCorp, Jeffrey Cuenco of California, says that ClubCorp has closed all 200 locations. Its members pay monthly dues to use these golfing facilities but cannot do so due to the pandemic. However, ClubCorp allegedly refuses to issue a golf club refund or stop charging these members full price.

An “Unconscionable” Policy

According to the plaintiff, the defendant has credit card or debit card information for all members, so it has the ability to process these payments despite the clubs’ closures. The plaintiff believes that the defendant’s actions of benefiting from these monthly fees without club members having access to the facilities are “unconscionable.”

Cuenco originally purchased his membership in 2018 for the University Club in San Diego for $184 per month. Like many places of business, the club closed in March of 2020 once the pandemic surfaced. Despite the club’s closure, Cuenco was still charged his full membership price in April of 2020, has not been refunded, and believes that he will continue to be charged monthly– despite not being able to access the facilities.

Laws at Issue in this Class Action

Cuenco claims that he and other putative Class Members of this golf course lawsuit would not have purchased a membership if they had known they would continue to be charged their monthly dues– even when the facility was closed. The class-action lawsuit alleges that ClubCorp’s decision to do this breaches its contracts with its members and constitutes unjust enrichment. The lawsuit also claims that the defendant’s policy to continue charging members violates California consumer protection laws, including those regulating unfair competition and false advertising.

Can I Become Part of the Class?

This class-action lawsuit against ClubCorp seeks to represent a nationwide class of members of ClubCorp who were charged fees despite the closures, along with a subclass of similarly affected California consumers.

Call the Attorneys at KGG and Dowd Law for Knowledgeable and Experienced Representation in Golf Club Lawsuits

The attorneys at Kantrowitz, Goldhamer & Graifman and the Law Offices of Robert S. Dowd, Jr. have represented former members of golf and country clubs in lawsuits to recover fees that are owed to former members.

Please see our website or call our New York or New Jersey offices if your country club is withholding refunds contrary to your membership agreement or the club’s bylaws. or membership plan. We will review all of these potential claims against your club and advise you if you have a claim that is likely to succeed.

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