Unwanted gym telemarketing and text messages may be illegal

ATTORNEY ADVERTISING
Eisenband Law P.A.
Michael Eisenband
Licensed in Florida Office Location: Fort Lauderdale, FL

How the TCPA protects consumers from gym telemarketing.

Did you receive marketing text messages from a gym without giving written consent?

If so, you may be eligible to take legal action. Complete the form on this page to see if you qualify.  

In recent years, gyms have become notorious for unwanted telemarketing calls and text messages. These communications may be more than just a nuisance. In some cases, gyms may be violating state and federal law, including the Telephone Consumer Protection Act (TCPA).

Consumers who received gym text messages without giving express written consent may be able to take legal action. A successful gym telemarketing class action lawsuit could result in significant compensation — up to $1,500 per violation.

What is the TCPA, and how does it apply to gym texts and calls?

The Telephone Consumer Protection Act is a federal law passed by Congress to protect consumers from unwanted telemarketing. Since the law was enacted, regulators, including the Federal Communications Commission (FCC) and Federal Trade Commission (FTC), have expanded its scope to cover text messages, robocalls and other automated communications.

Under the TCPA, businesses — including gyms — are generally required to:

• Obtain express written consent before contacting consumers, even if there is an established business relationship
• Provide consumers with a clear and easy way to opt out of future communications
• Honor the National Do Not Call Registry

Failure to comply with the TCPA can result in steep penalties. Consumers may be able to recover $500 per each negligent violation or $1,500 per each willful violation. These penalties can add up quickly and may cost a company millions of dollars.

Why does the gym keep calling me?

If a gym keeps calling or texting you, it may be because your phone number was added to a marketing list — often after signing up for a free trial, class pass, guest visit or promotional offer.

Some consumers also report receiving calls or texts from gyms they have never visited or heard of. This may happen if a gym purchased third-party marketing lists or reused contact information collected for a different purpose. When that occurs, the communications may still be considered unsolicited and potentially unlawful.

Class action lawsuits over gym robocalls and text messages

Several major gym chains have faced class action lawsuits alleging violations of federal telemarketing laws. These cases commonly involve claims that gyms sent robocalls or marketing text messages without proper consent or continued contacting consumers after opt-out requests.

Examples of gym telemarketing lawsuits include:

Crunch Fitness (2023): A Florida resident filed a lawsuit alleging that Crunch Fitness sent multiple marketing text messages without consent.  

Orangetheory Gym (2021): A plaintiff filed a lawsuit against an Orangetheory Fitness location in Cumberland, VA, claiming it repeatedly sent promotional text messages despite her request to opt out.  

LA Fitness (2020): An LA Fitness class action lawsuit alleges the company sent multiple unsolicited text coupons to individuals who never agreed to receive marketing communications. 

Planet Fitness (2019): A Planet Fitness class action lawsuit claims the company violated the TCPA by using autodialers to send unsolicited calls and text messages. 

Gold’s Gym (2018): Gold’s Gym was accused of using prerecorded phone messages to contact consumers without proper authorization.  

24 Hour Fitness (2016): In this class action lawsuit, the plaintiff alleged that 24 Hour Fitness sent numerous unsolicited calls and text messages.   

Settlements in gym telemarketing lawsuits 

In some gym telemarketing lawsuits, companies choose to settle class action claims rather than continue litigating in court. While settlements do not always result in the maximum allowed under the TCPA, they can still provide meaningful monetary compensation to affected consumers and avoid the uncertainty of a lengthy trial.

Several gym telemarketing cases have resulted in sizable settlements, including:

Powerhouse Gym (2019): A Powerhouse Gym location in Fort Lauderdale, FL, agreed to pay $600,000 to resolve allegations that it sent spam text messages without obtaining proper written permission.
Life Time Fitness (2015): A Life Time Fitness class action lawsuit involving alleged telemarketing violations was settled for between $10 and $15 million.

Join a class action lawsuit investigation over gym telemarketing

Consumers across the country have accused some gyms of violating federal law, including the TCPA, by sending unsolicited communications without proper consent. If a gym contacted you with unwanted marketing calls, text messages, ringless voicemails or faxes, you may be eligible to take legal action.

To see if you qualify, complete the form on this page. Your submission will be reviewed by a legal professional to determine whether you may be able to join a gym telemarketing class action lawsuit or pursue other legal options. There is no cost or obligation to submit your information.

Fill out the form on this page to see if you qualify for a free case evaluation.