Gold’s Gym Class Action Alleges Text Messages Sent Without Permission

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A class action lawsuit filed against Gold’s Gym Southern California Group (Gold’s Gym SoCal) alleges that the gym chain violated the Telephone Consumer Protection Act (TCPA) by sending multiple advertisements via text message without permission from the cell phone owners.

The class action states that Gold’s Gym SoCal operates 15 locations in southern California, and has sent numerous unsolicited text messages without permission.

“The TCPA strictly forbids nuisance calls and text messages exactly like those alleged in this Complaint – intrusive phone calls and text messages to private cellular phones, placed to numbers obtained without the prior express consent of the call recipients,” according to the complaint.

The Gold’s Gym class action lawsuit states that the TCPA, originally enacted in 1991 to cover telephone calls, also protects consumers from unwanted text messages.

The complaint alleges that since October 2013, “express written consent is required” to send any such advertising through text messages sent from “auto-dialers” or their equivalent. The lawsuit further claims that the TCPA allows consumers to receive up to $500 in statutory damages per violation, or up to $1,500 if the violations are “willful.”

Plaintiff Wayne Hofstetter claims that since September 2016, he has received 19 text messages trying to get him to pay for a membership to Gold’s Gym. Hofstetter states that he is disabled, has no need for a gym membership, and has attempted to get the unwanted texts to stop.

The complaint asserts that the texts are coming from a telephone number owned by Gold’s Gym SoCal, and that they did not have Hofstetter’s permission to send those messages. The class action also contends that the texts were sent from an automated machine, because the advertisements were impersonal and sent so frequently.

The lawsuit requests certification of a Class of all persons in the U.S. who received a text message from Gold’s Gym SoCal through an auto-dialer without giving their express, written permission for such communications.

The class action seeks between $500 and up to $1,500 in statutory damages for each potential Class Member, as well as an injunction prohibiting Gold’s Gym SoCal of sending unwanted spam text messages in the future.

Hofstetter is represented by Ronald A. Marron, Alexis Wood, and Kas Gallucci of the Law Offices of Ronald A. Marron.

The Gold’s Gym Text Spam Class Action Lawsuit is Wayne Hofstetter v. Gold’s Gym Southern California Group, Case No. 2:17-cv-00361, in the U.S. District Court for the Central District of California.

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Under the TCPA, businesses cannot use automated dialing services to make phone calls or send text messages without the express consent of the consumer.

Consumers who have received text message spam may be able to bring a TCPA lawsuit against the company. 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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