Peak Fitness Sues Vagaro Over Data Access & Retaliation Claims

Peak Fitness Group LLC, a California-based boutique fitness business, has filed a significant lawsuit against Vagaro, Inc., a Dublin-based software company that provides scheduling and payment platforms for small businesses. The legal complaint, filed in California Superior Court, 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 had advertised the ability to import customer credit card information as part of its "Premium Import Service," which convinced Peak Fitness to adopt Vagaro's software. However, when the fitness company later sought to transfer encrypted customer payment tokens to Square, a PCI DSS Level 1–compliant processor, Vagaro refused the request, directly contradicting its own advertising claims and industry standards.

The lawsuit takes a dramatic turn with allegations of corporate retaliation against small business owners. When one of Peak Fitness's owners shared an honest review of his experience on his private X account, Vagaro's Vice President of Legal, Adam Zachs, reportedly sent a cease-and-desist letter containing false statements intended to intimidate and silence the business. The situation escalated when, just days later, Vagaro publicly posted on social media that "businesses own their client data and can export it at any time"—a statement that directly contradicted the company's prior written refusal to allow data transfer. The legal action 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, with Peak Fitness seeking damages exceeding $450,000 plus punitive damages in the millions for intentional misconduct that allegedly prevented their expansion efforts.

Beyond the financial claims, this case represents a broader fight for small business rights in the digital marketplace. Peak Fitness's founder emphasized that "no business owner should be silenced for speaking honestly about their experience with a service provider," framing the lawsuit as a stand for transparency, accountability, and protection against corporate bullying. The complaint specifically 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. The case, Peak Fitness Group LLC v. Vagaro, Inc., is proceeding before Judge Craig van Rooyen in the Superior Court of California, County of San Luis Obispo, and could set important precedents for data ownership rights and free speech protections for small businesses nationwide.