Federman & Sherwood Announces the Filing of a Securities Class Action Lawsuit against Tivity Health, Inc.

Oklahoma City, OK (November 22, 2017) – On November 20, 2017, a securities class action lawsuit was filed in the United States District Court for the Middle District of Tennessee against Tivity Health, Inc. (NASDAQ: TVTY). The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material or false misrepresentations to the market which had the effect of artificially inflating the market price during the Class Period, which is February 24, 2017 through November 3, 2017. More specifically, this litigation was filed because Defendants issued materially false and/or misleading statements and/or failed to disclose that: (i) Tivity Health was aware that its customer United Healthcare, Inc. planned to expand its fitness benefit to seniors, (ii) the aforementioned expansion would represent direct competition to Tivity Health’s core program SilverSneaker, and (iii) as a result of the foregoing, the Company’s financial statements, as well as Defendants’ statements about Tivity Health’s business, operations, and prospects, were false and misleading and/or lacked a reasonable basis.

Specifically, on November 6, 2017, United Healthcare issued a press release announcing expansion of its fitness benefits. Therein, United Healthcare revealed, in part, that in January 2018 it would be expanding its fitness benefit “to people enrolled in eligible UnitedHealthcare Medicare Advantage plans in 11 states through a large network of participating fitness centers.”

On this news, Tivity’s share price fell from $48.05 per share on November 3, 2017 to a closing price of $31.60 on November 6, 2017—a $16.45 or a 34.24% drop.

Plaintiff seeks to recover damages on behalf of all Tivity Health, Inc. shareholders who purchased common stock during the Class Period and are therefore a member of the Class as described above. You may move the Court no later than Friday, January 19, 2018 to serve as a lead plaintiff for the entire Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995.

To join this class action, click here to obtain an investor certification. Once complete, please email this form to rkh@federmanlaw.com, fax to us at (405) 239-2112 or send by regular mail to Federman & Sherwood, 10205 North Pennsylvania Avenue, Oklahoma City, OK 73120, ATTN: Robin.