New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
September 6, 2018

James T. Boffetti, Associate Attorney General
(603) 271-0302

Newton Health Club Owner Convicted of Violating Injunction

Attorney General Gordon J. MacDonald announces that Thomas Lavigne pleaded guilty this morning in Rockingham County Superior Court to one Class A Misdemeanor count of violating a temporary court injunction by continuing to operate his health club, CrossFit Affirmation, located in Newton, New Hampshire, after being ordered by the Court not to do so.

Mr. Lavigne had refused to register his health club with the Attorney General as required by statute, RSA 358-I. Mr. Lavigne further refused to comply with the Attorney General's subpoena issued under the Consumer Protection Act (CPA). As a consequence, the Court found Mr. Lavigne liable in the State's civil enforcement action for multiple violations of the CPA and for his refusal to comply with the subpoena. The Court imposed fines and penalties in the amount of $47,000. The Court also issued an injunction that ordered Mr. Lavigne not to operate his health club or accept any payments from his members. Mr. Lavigne violated the terms of that injunction and continued to operate his health club up until the time he was arrested on the criminal charge.

The Court sentenced Lavigne to 12 months at the House of Corrections, with all of that sentence suspended for 2 years conditioned on good behavior and compliance with the terms of the injunction. He was given pretrial confinement credit of 2 days.

In a separate filing, Mr. Lavigne filed a motion in the civil enforcement case to reduce the amount of fines and penalties he owes to $4,000. The State has assented to that motion.

Finally, Mr. Lavigne has indicated his intention to comply with the health club registration statute and will submit a registration application to the Attorney General for approval. As part of that application, Mr. Lavigne is required to post a bond of $40,000 to protect member prepayments and provide other consumer protections to all of his members.

All health clubs and martial arts schools are required to register with the Attorney General. If you have questions about the registration process, please call the Consumer Information line at 888-468-4454.

For a list of all health clubs and martial arts schools that are registered with the Attorney General, please go to:

New Hampshire Department of Justice
1 Granite Place South | Concord, NH | 03301
Telephone: 603-271-3658