24 Hour Fitness Hit With TCPA Class Action Lawsuit

24 Hour Fitness was hit with a class action Telephone Consumer Protection Act (TCPA) lawsuit by a California man alleging that the health club engaged in illegal advertising practices, including using an automated dialing system to contact potential customers.

Lead plaintiff Jason Silver is filing this TCPA claim against the company, claiming that he received numerous unwanted text messages and telephone calls from the defendant. When he answered these calls, a prerecorded or artificial voice had allegedly given him the messages instead of a real person.

This is a direct violation of the TCPA, which strictly states that companies are prohibited from using automated dialing systems to make calls or using prerecorded voices to answer calls.

The drama started for Silver when he signed up for a three year membership with 24 Hour Fitness in August 2008; he started experiencing the unwanted texts and calls several years after.

According to the TCPA class action lawsuit, the alleged telemarketing calls and text messages started on Oct. 16, 2013. The calls and text messages, which included prerecorded messages when answered, advertised additional membership options and personal training services offered by 24 Hour Fitness.

At no point in time did Jason give consent to be contacted by 24 Hour Fitness, either spoken or written. His TCPA class action lawsuit alleges that the calls were made using an automated dialing system, as evidence by the prerecorded messages.

It is important to note that the plaintiff’s phone number was registered with the National Do Not Call Registry on Oct. 14, 2007.  Companies are prohibited from calling or texting anyone’s phone number on this list for telemarketing purposes.

Additionally, Jason expressly asked in person at his local 24 Hour Fitness location that the telemarketing calls and texts cease. However, despite his efforts to stop the illegal phone calls and text messages, he continually received these telemarketing calls.

Jason is filing this TCPA class action lawsuit against 24 Hour Fitness, alleging numerous TCPA violations and is seeking an amount of at least $500 per violation.

Overview of TCPA Violations

The Telephone Consumer Protection Act (TCPA) was established by the United States government in 1991, in an effort to combat the growing problem of aggressive telemarketing from consumer companies. Several major rules were installed under the TCPA, including only calling between certain hours in the day and not calling emergency lines.

However some of the most significant rules of the TCPA were not using automated dialing systems to call phone numbers or send text messages, and adhering to the National Do Not Call Registry.

The TCPA prohibits companies from using automated dialing systems from making phone calls to consumers, and requires that a live representative answer phone calls. Additionally, the Do Not Call Registry requires consumer companies not to call numbers on this registry for the minimum of five years.

Silver’s lawsuit alleges that 24 Hour Fitness violated both these clauses, amongst others, and is filing the class action claim on behalf of himself and other individuals who may have been affected by 24 Hour Fitness telemarketing calls.

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