CHESTERFIELD, VA (WWBT) - State Attorney General Ken Cuccinelli has filed a civil lawsuit against a Chesterfield sports complex.
The suit alleges, SportsQuest inappropriately marketed a health and fitness facility that hasn't been built -- violating the Virginia Health Spa and Consumer Protection Acts. Now, the state wants the company to refund memberships.
It's all connected to 725 memberships sold to a health and fitness facility that's supposed to be constructed at the company's Genito Road location.
The alleged violation occurred when SportsQuest sold those health club contracts but failed to "specify an opening date for the facility."
Then, contracts were allegedly sold with an opening date that proved to be false.
NBC12 questioned the owner of SportsQuest, Steve Burton, about the lawsuit.
Steve Burton: "It's our policy not to make extended comments on ongoing litigation but I'm comfortable that once all the facts come out that it will resolve the circumstances."
Nicole Bell: "Is it your position that the claims made in the suit are false?"
Steve Burton: "That's all the comment we'd make for an ongoing suit."
SportsQuest referred NBC12 to its temporary fitness center on Oak Lake Boulevard -- indicating it's open to be used by all members.
Even so, the state is asking the court to require SportsQuest to refund money that people paid for the Genito Road membership.
According to the suit customers dished out between $800 and $2600 for a pre-paid 36-month contract.
Now that the lawsuit has been filed and served SportsQuest has 21 days to respond.
The suit also claims in November, the AG's office reached a written agreement with SportsQuest to take care of the problem, but SportsQuest "failed to live up to the agreement."