Welcome to the Tivity Health Securities Litigation Website

The information contained on this website is only a summary of the information presented in more detail in the Notice of Pendency of Class Action (“Notice”). Because this website is just a summary, you should review the Notice for additional details.

A class action lawsuit is now pending in the United States District Court for the Middle District of Tennessee (the "Court") under the caption Strougo v. Tivity Health, Inc., et al., Case No. 3:20-cv-00165 (the “Action”) against Tivity Health, Inc. (“Tivity Health”), Donato Tramuto, Adam C. Holland, and Dawn Zier (collectively, “Defendants”). The Action has been certified by the Court to proceed as a class action on behalf of a class of certain purchasers and acquirers of Tivity Health common stock.

The “Class,” as certified by the Court, consists of: All persons who purchased or otherwise acquired Tivity Health common stock between March 8, 2019 and February 19, 2020, inclusive (“Class Period”). Excluded from the Class by definition are Defendants, members of their immediate families, and any entity of which a Defendant has a controlling interest, and the legal representatives, heirs, predecessors, successors, or assigns of any excluded party.

OVERVIEW AND STATUS OF THIS ACTION

The Notice is not an admission by Defendants or an expression of any opinion of the Court concerning the merits of the Action or a finding by the Court that the claims asserted by Class Representative in this Action are valid. The Notice is intended solely to advise you of the pendency of the Action and of your rights in connection with it, including the right to request exclusion from the Class. Defendants have denied all claims and wrongdoing asserted in the Action and any liability arising out of the conduct alleged therein, and asserted various defenses. No trial has yet occurred in this Action and no findings of fact, fault, or liability have been made as to any of the parties.

This is a securities class action against Defendants for alleged violations of the federal securities laws during the Class Period. The Class Representative alleges that during the Class Period, Defendants engaged in a scheme to defraud and made materially false and misleading statements and/or failed to disclose adverse information regarding Tivity Health’s business and operations. Class Representative alleges that Defendants made materially false or misleading statements and omissions during the Class Period concerning Tivity Health’s acquisition of Nutrisystem, Inc., which closed on March 8, 2019, Nutrisystem’s performance, and the value of the Nutrisystem goodwill and tradename. Class Representative further alleges that as a result of the alleged fraud, Tivity Health common stock traded at artificially inflated prices during the Class Period. Defendants deny all allegations of wrongdoing asserted in this Action and deny any liability whatsoever to any members of the Class.

The Court has not decided in favor of Class Representative or Defendants. The litigation is ongoing. To date, there has been no recovery of any money for the Class.

YOUR RIGHTS AS A CLASS MEMBER

If you purchased or otherwise acquired Tivity Health common stock between March 8, 2019 up through and including February 19, 2020, and you are not excluded from the Class by definition, you are a member of the Class. If you are a member of the Class, you have the right to decide whether to remain a member of the Class. If you choose to remain a member of the Class, you do not need to do anything at this time other than to retain your documentation reflecting your transactions and holdings in Tivity Health common stock. If you are a member of the Class and wish to be excluded from the Class, you must request exclusion, postmarked no later than December 2, 2024, in accordance with the procedure set forth on page 3 of the Notice. Your decision is important for the following reasons:

If you choose to remain a member of the Class, you will be bound by all past, present, and future orders and judgments in the Action, whether favorable or unfavorable. If any money is awarded to the Class, either through a settlement with Defendants or a judgment of the Court, you may be eligible to receive a share of that award. If, however, Defendants prevail, you may not pursue a lawsuit on your own behalf with regard to any of the issues decided in this Action.

If you choose to be excluded from the Class, you will not be bound by any judgment in this Action, nor will you be eligible to share in any recovery that might be obtained in this Action. However, you may be able to retain the right to individually pursue any legal rights that you may have against any Defendants with respect to the claims asserted in the Action, although such claims may be time-barred. 

Unless otherwise allowed by the Court, Class Members will not have another opportunity to exclude themselves or otherwise opt out of the Action.

Please note that if you remain a member of the Class, you will not be personally responsible for Class Counsel’s attorneys’ fees or costs. Class Counsel has agreed to represent the Class on a contingent fee basis, which means that they will be awarded fees and costs only if they succeed in obtaining a recovery from one or more Defendants. Any attorneys’ fees for Class Counsel will be awarded by the Court from the settlement or judgment, if any, obtained on behalf of the Class. As a member of the Class you will be represented by Class Counsel. 

Members of the Class will be eligible to participate in any recovery that might be obtained in the Action. While this website is not intended to suggest any likelihood that Class Representative or members of the Class will recover any such damages, should there be a recovery, members of the Class will be required to support their requests to participate in the distribution of any such recovery by demonstrating their membership in the Class and documenting their purchases, sales, and/or holdings of Tivity Health common stock. For this reason, please be sure to keep all records of your transactions in these securities. No money or benefits are available now and there is no guarantee that money or benefits will be obtained. If they are, you will be notified regarding how to obtain a share.

ADDITIONAL INFORMATION

Although the information on this website is intended to assist you, it does not replace the information contained in the Notice of Pendency of Class Action which can be found and downloaded on the Case Documents page of this website. We recommend that you read the Notice and other relevant case documents carefully. You may also wish to read the answers to Frequently Asked Questions provided on this website. If you have not received a Notice and would like to confirm that you are on the mailing list for further Notice mailings in this matter, please contact the Notice Administrator and request that a Notice be sent to you at your current mailing address.

IMPORTANT DATES AND DEADLINES