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BARCLAY v. ICON HEALTH & FITNESS, INC.

File No. 19-cv-2970 (ECT/DTS).

550 F.Supp.3d 710 (2021)

Teeda BARCLAY, Nicole Nordick, and Jay Ovsak, individually and on behalf of all others similarly situated, Plaintiffs, v. ICON HEALTH & FITNESS, INC. and NordicTrack, Inc., Defendants.

United States District Court, D. Minnesota.

Signed July 27, 2021.

Attorney(s) appearing for the Case

Karl L. Cambronne , Bryan L. Bleichner , and Christopher P. Renz , Chestnut Cambronne PA, Minneapolis, MN; Nathan D. Prosser , Hellmuth & Johnson, PLLC, Edina, MN; Wilbert B. Markovits , Terence R. Coates , and Justin C. Walker , Markovits, Stock & DeMarco, LLC, Cincinnati, OH, for Plaintiffs Teeda Barclay, Nicole Nordick, and Jay Ovsak.

X. Kevin Zhao , Lawrence M. Shapiro , and Aaron P. Knoll , Greene Espel PLLP, Minneapolis, MN, for Defendants Icon Health & Fitness Inc. and NordicTrack, Inc.

OPINION AND ORDER

Jay Ovsak bought a NordicTrack treadmill and then signed up for an exercise app called iFit to use with it. When he signed up, iFit's Terms of Use did not include an arbitration provision, but they did allow the app to change the terms "without notice" to him, and they provided...

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