By Josh Dickey
“Biggest Loser” grad Tara Costa is smacking back at the fitness company that sued her for allegedly gaining too much weight to do promotional appearances – denying that she packed on 50 extra pounds and counter-suing for thousands she says she’s still owed from their contract.
According to legal documents obtained Friday by TheWrap, Costa is accusing FC Online Marketing Inc. – which owns the website I Love Kickboxing – of breaching their 2011 contract by failing to pay her for using her image past the first year. She also accuses the marketing company of stiffing her for public-appearance payments.
As TheWrap previously reported, FC Online sued Costa – who became a fan favorite when she lost 155 pounds on NBC’s “The Biggest Loser: Couples 2” — earlier this month. The company claimed she had gained “far too much weight” to continue to make personal appearances on their behalf.
Filed Thursday in U.S. District Court in Florida, Costa’s counterclaim says she “maintained her level of fitness and conditioning and did not gain 45-50 pounds” during their contract period. She also says FC Online continued to use her name and likeness in promotional materials after their first year – triggering a renewal clause that entitles her to $54,000.
Additionally, Costa wants $2,500 each for 15 guaranteed public appearances – even though she didn’t make that many, FC failed to ask and she was always wiling. She’s also asking the court to determine what she’s additionally owed because FC continued to use her likeness beyond the second year of the contract, which expired Feb. 25.
A message left for FC Marketing by TheWrap was not immediately returned Friday.
Pamela Chelin contributed to this report.