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

Law360 (November 9, 2020, 8:16 PM EST) -- 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.

Following a suit by members of the National Music Publishers Association, Peloton was forced to remove 57% of its content, according to the complaint, rendering its description of its class library deceptive. Yet 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...

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