top of page

Fishon v. Peloton Interactive, Inc.

Peloton is an exercise equipment and media company that sells stationary bicycles (“Peloton Bike”) and treadmills (“Peloton Tread”). Dkt. No. 106 (“Compl.”) ¶ 3.


Peloton also offers a subscription service that allows users of the Peloton Bike and Peloton Tread (together, “Peloton hardware”) to watch live or pre-recorded “on-demand” fitness classes, as well as a subscription-only app, called Peloton Digital, that allows people without Peloton hardware to access this library of live and on-demand of classes. Id. 


Purchasers of Peloton hardware may buy this subscription-which contains library access, advanced metrics, and a feature that allows users to compete against each other-for $39 per month, while subscribers to the Peloton Digital app pay $19.49 for access to the library. Id. ¶ 5.

Fishon v. Peloton Interactive, Inc., 19-cv-11711 (LJL), (S.D.N.Y. Jan. 19, 2022)

Peloton incorporates music into its classes, in that “[e]very on-demand and studio class includes a themed playlist curated by the instructor to match the tempo and intensity of the class.” Id. ¶ 18. Some of the music played in the classes was used without permission, id. ¶ 19, and Peloton was thus “building its on-demand library with copyrighted material for which it did not have the proper licenses, ” id. ¶ 20.

Fishon v. Peloton Interactive, Inc., 19-cv-11711 (LJL), 2 (S.D.N.Y. Jan. 19, 2022)

In April 2018, Peloton received a cease-and-desist letter alleging copyright infringement of songs appearing in certain of the on-demand classes in its library. Id. ¶ 21. In March 2019, members of the National Music Publishers Association filed a lawsuit against Peloton alleging that, for years, Peloton had been using their music in its fitness-class videos without proper licensing and that this copyright infringement was knowing and reckless. Id. ¶ 22.


Shortly thereafter, Peloton “abruptly removed every class from its on-demand library that contained one or more of the allegedly copyright infringing songs . . . result[ing] in the removal of more than half of the classes from its on-demand library.” Id. ¶ 23. This “purge of Peloton's on-demand library has . . . significantly decreased the quality and quantity of popular music available on Peloton's workout class playlists.” Id. ¶ 27.

Fishon v. Peloton Interactive, Inc., 19-cv-11711 (LJL), 2 (S.D.N.Y. Jan. 19, 2022)

Plaintiffs bring a class action complaint against Peloton, alleging that its statements that its library of classes was “ever-growing” were misrepresentations and that, through these misrepresentations and the failure to disclose the “imminent removal of over half of its on-demand library, ” Peloton defrauded them and other members of a proposed class, deprived them of the benefit of their bargain, and unjustly enriched itself at their expense. id. ¶ 34. They allege that, as a result, they overpaid for Peloton's goods and services, id. ¶ 41

Fishon v. Peloton Interactive, Inc., 19-cv-11711 (LJL), 3 (S.D.N.Y. Jan. 19, 2022)

As of the present moment, the case remains under active litigation and has not yet reached a final resolution.

Healthy Senior Man
  • Facebook

Contact Us

Thanks for submitting!

bottom of page