Gym telemarketing TCPA class action lawsuit investigation

Gym spam texts: Who’s affected?

Did you send an opt-out text to a gym after receiving a telemarketing text? Did you continue to receive telemarketing texts even after opting out?

Gyms may be violating the federal Telephone Consumer Protection Act (TCPA) by sending spam texts to consumers without first getting their permission. In the last several years, a number of gyms have faced legal action over these issues, including Orangetheory and LA Fitness.

Consumers who received telemarketing texts from gyms without giving express written consent may be able to take legal action. A successful TCPA class action lawsuit could recover significant compensation: up to $1,500 per violation. 

TCPA: Overview

The Telephone Consumer Protection Act (TCPA) was passed by Congress to better protect consumers against annoying telemarketing calls from businesses. Since the law was first passed in 1991, it has been expanded by the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) to enhance protections.

Under TCPA, businesses are required to:

• Obtain express prior written consent before contacting consumers with telemarketing communications
• Obtain consent even when there is an “established business relationship” between the business and consumer
• Provide an automated opt-out mechanism during each robocall to allow consumers to immediately tell the caller they do not want to receive future calls
• Respect the national “Do Not Call Registry” which allows consumers to request that all telemarketers do not call their numbers

Failure to comply with TCPA can result in steep penalties. Consumers may be able to take legal action under TCPA and recover $500 per each negligent violation or $1,500 per each willful violation. Companies may be forced to pay hundreds of thousands of dollars (or even millions) in damages if the cases go to court.

Gym telemarketing class action lawsuits

Numerous consumers responded to unsolicited calls and texts from gyms by filing class action lawsuits under TCPA.

In 2021, a woman filed a class action lawsuit against an Orangetheory location in Cumberland, Virginia, claiming that the gym repeatedly texted her with marketing messages despite her opt-out request. The text messages allegedly advertised various Orangetheory discounts or deals but didn’t show any way to opt out. According to the plaintiff, she continued to receive text messages after responding with “stop,” a common way to opt out of text message programs.

A Florida man filed a similar class action lawsuit in 2020, arguing that LA Fitness violated TCPA by sending a slew of unsolicited text coupons. The man says he never consented to receiving these messages. The TCPA class action lawsuit accused the gym of “aggressive unsolicited marketing, harming thousands of consumers in the process.”

Gym telemarketing class action lawsuits go back years against popular chains such as Planet Fitness, Gold’s Gym and 24 Hour Fitness.

TCPA gym settlements

In some situations, gyms may choose to settle TCPA class action lawsuits through large settlements. These settlements may result in payments of less than $500 per violation but can provide monetary relief that is not guaranteed in a trial.

For example, in 2019, Powerhouse Gym in Fort Lauderdale agreed to pay $600,000 to resolve claims that it violated TCPA with unsolicited texts. Affected consumers were able to collect up to $30 per text message.

Join a gym spam texts class action lawsuit investigation

TCPA covers telemarketing communications including spam text messages.

If you received gym spam texts from a gym, you may qualify to participate in this TCPA gym class action lawsuit investigation.

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