Peak Fitness Group LLC Files Lawsuit Against Vagaro, Inc. Alleging Fraud, Misrepresentation, and Retaliatory Business Practices
PALO ALTO, CA, October 22, 2025 /24-7PressRelease/ -- Peak Fitness Group LLC, a California based fitness business has filed a lawsuit in California Superior Court against Vagaro, Inc., a Dublin-based software company that provides scheduling and payment platforms for small businesses.
The complaint alleges that Vagaro engaged in false advertising, fraud, and retaliatory conduct after Peak Fitness attempted to lawfully migrate its customers' payment data to another processor.
According to the filing, Vagaro advertised the ability to import customer credit card information as part of its "Premium Import Service." Relying on those representations, Peak Fitness adopted Vagaro's software to manage its customer base. However, when the company later sought to move their system to another platform and transfer encrypted customer payment tokens to Square, a PCI DSS Level 1–compliant processor, Vagaro refused the request, contradicting its own advertising and industry standards.
The complaint further alleges that when one of the owners of Peak Fitness publicly shared a review of his experience on his private X account, Vagaro's Vice President of Legal, Adam Zachs, sent a cease-and-desist letter containing false statements intended to intimidate and silence the business. Just days later, Vagaro publicly posted on social media that "businesses own their client data and can export it at any time" — directly contradicting the company's prior written statements.
"Vagaro's public image is built on empowering small businesses, but our experience shows the opposite," said one of the founders of Peak Fitness Group LLC. "When we exercised our right to write a review, Vagaro retaliated instead of resolving the issue. This case is about transparency, accountability, and protecting small business owners from being misled and bullied."
The lawsuit includes causes of action for fraud and deceit, breach of contract, unfair business practices, retaliation and abuse of process, and intentional interference with business relations. Peak Fitness seeks damages exceeding $450,000, injunctive relief compelling Vagaro to allow lawful data transfers, and punitive damages in the millions for intentional misconduct in preventing their expansion efforts.
The complaint also requests a judicial declaration affirming that small business owners have the right to share truthful information about software vendors without fear of retaliation or legal threats.
"No business owner should be silenced for speaking honestly about their experience with a service provider, I believe that is what a review is. Has Vagaro sent cease and desist letters to every person that gave them a bad review online?" Peak Fitness's founder added. "This case is about more than Peak Fitness — it's about standing up for every small business that relies on truth and fair dealing in the digital marketplace."
The case, Peak Fitness Group LLC v. Vagaro, Inc., is preceding before Judge Craig van Rooyen in the Superior Court of California, County of San Luis Obispo.
About Peak Fitness Group LLC
Peak Fitness is a San Luis Obispo–based boutique independent gym and wellness community offering 24-hour access, personal training, and small-group fitness programs. The company focuses on providing local, high-quality fitness experiences through innovation and transparency with expansions plans before the issues developed with Vagaro.
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