24 Hour Fitness Hit With Text Spam Class Action Lawsuit

Two Northern California men have filed a class action lawsuit against 24 Hour Fitness claiming the company violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited phone calls and text message spam to members.

Lead plaintiffs Jasen Silver and Robert Burke filed the 24 Hour Fitness TCPA class action lawsuit to stop the “practice of initiating telemarketing and advertising campaigns” by placing telephone calls and/or text messages to cell phones after Oct. 16, 2013.

The TCPA class action lawsuit claims 24 Hour Fitness used an automatic telephone dialing system and/or an artificial or prerecorded voice “to deliver a message without the prior unambiguous written express consent of the called party” and continued to place unsolicited phone calls to telephone numbers that people had registered on the National Do Not Call Registry after they made requests to 24 Hour Fitness to stop making those unsolicited phone calls.

According to the TCPA class action lawsuit, Silver signed a three-year membership with 24 Hour Fitness in August 2008. He claims 24 Hour Fitness called and texted him with messages advertising additional membership options and personal training services.

Silver, who put his phone number on the National Do Not Call Registry in October 2007, claims the prerecorded calls and messages continued after Oct. 16, 2013.

He contacted the company’s customer service department to stop the unwanted cell phone calls and text messages, and he also made the request at his local gym, according to the lawsuit.

Despite those efforts, Silver alleges he continued to receive prerecorded calls and messages from 24 Hour Fitness. The TCPA class action lawsuit seeks statutory damages, an injunction, pre-judgment interest, attorney fees and costs of filing the lawsuit.

About the Telephone Consumer Protection Act

Congress enacted the Telephone Consumer Protection Act in 1991 in response to consumer complaints regarding certain telemarketing practices. The TCPA restricts telephone solicitations (i.e., telemarketing) and the use of automatic telephone dialing systems, artificial or prerecorded voice messages, robocalls, and text message spam.

Under the Telephone Consumer Protection Act (TCPA), individuals must provide express consent to receive certain types of calls and text messages and they have the right to tell these companies to stop calling.

For each unsolicited phone call or unwanted text message, a consumer may be able to collect between $500 and $1,500.

The 24 Hour Fitness TCPA Class Action Lawsuit is Jasen Silver et al. v. 24 Hour Fitness USA, Inc., Case No. 3:15-cv-05643-LB in the U.S. District Court for the Northern District of California.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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