Xponential Fitness, Inc. Class Action Lawsuit - XPOF

Company
Xponential Fitness, Inc. (NYSE: XPOF)
Lead Plaintiff Deadline
April 9, 2024 (Expired)
Class Period
July 26, 2021 - December 7, 2023

Expired

Lead Plaintiff Deadline

Apr 9, 2024

Join the Xponential Fitness, Inc. Class Action Lawsuit

Required Field

Required Field

Required Field

  • $1 - $1,000
  • $1001 - $10,000
  • $10,001 - $25,000
  • $25,001 - $50,000
  • $50,001 - $100,000
  • $100,001 - $250,000
  • $250,001 - $500,000
  • $500,000+

There is no cost or obligation for you to submit.

The submission of this form does not create an attorney-client relationship.

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Purchases

1.
  • Common Stock
  • Preferred Stock
  • Bonds
  • Calls
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Additional Purchases

Sales

1.
  • Common Stock
  • Preferred Stock
  • Bonds
  • Calls
  • Puts
  • 1
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  • 4
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Additional Sales

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Certification of Plaintiff Pursuant to Federal Securities Laws

I, duly certify and say, as to the claims asserted under the federal securities laws, that:

1.I have reviewed a complaint filed in the action.

2.I did not purchase the security that is the subject of this action at the direction of plaintiff's counsel or in order to participate in this action.

3.I am willing to serve as a representative party on behalf of the class, including providing testimony at deposition and trial, if necessary.

4.My transaction(s) in which are the subject of this litigation during the class period set forth in the complaint are set forth in the chart attached hereto.

5.Within the last 3 years,

6.I will not accept any payment for serving as a representative party on behalf of the class beyond the Plaintiff's pro rata share of any recovery, except as ordered or approved by the court, including any award for reasonable costs and expenses (including lost wages) directly relating to the representation of the class.

Are you US Citizen?

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Signed pursuant to California Civil Code Section 1633.1, et seq. - and the Uniform Electronic Transactions Act as adopted by the various states and territories of the United States.

By your signature above, you confirm that have retained Levi & Korsinsky, LLP to represent you and the shareholder class as a lead plaintiff in the pending class action against Xponential Fitness, Inc. This representation will be on a contingency basis, meaning that Levi & Korsinsky will advance all expenses in the litigation and will only seek compensation and/or reimbursement of expenses if the firm obtains a recovery. Regardless of the result, we will never ask you to directly pay for any attorneys’ fees, expenses, or costs. Should we obtain a favorable result, we may ask the court to award us compensation and reimbursement of expenses to be paid by the defendants or as a portion of any class recovery. In exchange for our representation, you agree to cooperate as our client by providing, for example, relevant documents and deposition testimony, if necessary. During the course of this litigation, we may employ and/or work with other law firms, experts, and third-parties to successfully prosecute this action. If you are not appointed as the lead plaintiff or Levi & Korsinsky is not appointed as lead counsel, we will notify you of such decision at which time this representation will end unless otherwise extended by you and the firm. We look forward to working with you towards a successful resolution of this action.

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Allegations

The filed complaint alleges that Xponential Fitness, Inc made materially false and/or misleading statements and/or failed to disclose that: (a) Xponential had permanently closed at least 30 stores; (b) Xponential’s reported same-store sales (“SSS”) and average unit volume metrics had been misstated by excluding underperforming stores; (c) 8 out of 10 Xponential brands were losing money monthly; (d) over 50% of Xponential studios did not make a positive financial return; (e) over 60% of Xponential’s revenue was one-time and nonrecurring; (f) more than 100 of the Company’s franchises were for sale at a price that is at least 75% less than their initial cost; (g) Xponential had misled many of its franchisees into opening franchises by misrepresenting the financial profile and profitability of its studios, as well as the expected rate of return for new studio openings; (h) many Xponential franchisees were substantially in debt, suffering high attrition rates and running non-viable studios that had no realistic path to profitability; and (i) based on the foregoing, defendants lacked a reasonable factual basis for their positive statements about Xponential’s then-current business operations and future financial prospects.

Eligibility

In order to be eligible to join the XPOF class action lawsuit, you must have incurred a loss on shares of Xponential Fitness purchased during the class period listed above.

Lead Plaintiff Deadline

If you suffered a loss in Xponential Fitness during the relevant time frame or pursuant to the relevant offering(s), you have until April 9, 2024 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff.

Xponential Fitness, Inc Class Action Lawsuit Details

(a) Xponential had permanently closed at least 30 stores; (b) Xponential’s reported same-store sales and average unit volume metrics had been misstated by excluding underperforming stores; (c) 8 out of 10 Xponential brands were losing money monthly; (d) over 50% of Xponential studios did not make a positive financial return; (e) over 60% of Xponential’s revenue was one-time and nonrecurring; (f) more than 100 of the Company’s franchises were for sale at a price that is at least 75% less than their initial cost; (g) Xponential had misled many of its franchisees into opening franchises by misrepresenting the financial profile and profitability of its studios, as well as the expected rate of return for new studio openings; (h) many Xponential franchisees were substantially in debt, suffering high attrition rates and running non-viable studios that had no realistic path to profitability; and (i) based on the foregoing, defendants lacked a reasonable factual basis for their positive statements about Xponential’s then-current business operations and future financial prospects.

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