Gold’s Gym Class Action Says Text Message Ads Violate TCPA

UPDATE 1/14/19: A Gold’s Gym settlement conference has been scheduled for March 18, 2019. Sign up for our free weekly newsletter and/or “Follow” this article using your free Top Class Actions account to receive updates on when and if a Gold’s Gym settlement is reached.

Gold’s Gym has been hit with a class action lawsuit alleging it sent unsolicited text messages to consumers in violation of the Telephone Consumer Protection Act (TCPA).

“The TCPA strictly forbids nuisance text messages exactly like those alleged in this Complaint — intrusive text messages to private cellular phones, placed to numbers obtained without the prior express consent of the call recipients,” plaintiff Tzvi Zemel alleges in the Gold’s Gym class action lawsuit.

The Telephone Consumer Protection Act is a federal law that was enacted by Congress in 1991 in response to consumer complaints about telemarketers. The TCPA specifically regulates the use of automated telephone dialing equipment to make calls to cell phones without the prior express consent of the call recipient or in case of emergency.

“According to findings by the Federal Communication Commission (‘FCC’), the agency Congress vested with authority to issue regulations implementing the TCPA, such calls are prohibited because, as Congress found, automated or prerecorded telephone calls are a greater nuisance and invasion of privacy than live solicitation calls, and such calls can be costly and inconvenient,” the Gold’s Gym class action lawsuit says.

“The FCC also recognized that wireless customers are charged for incoming calls whether they pay in advance or after the minutes are used.” The Gold’s Gym class action lawsuit notes that text messages are considered calls under the TCPA.

According to the TCPA class action lawsuit, Zemel began receiving promotional text messages from Gold’s Gym on his cell phone starting on Feb. 28, 2018. He claims he has never even visited Gold’s Gym or signed up for any services from them. He says he did not have a prior relationship with Gold’s Gym and that he did not consent to receive text messages from the gym.

Zemel alleges the text message spam was sent to his cell phone using an automatic telephone dialing system that has the capacity to produce, store or dial numbers randomly or sequentially. He says he is not alone in receiving unwanted promotional text messages from Gold’s Gym, and that hundreds of thousands of consumers may qualify as Class Members in his TCPA class action lawsuit.

The Gold’s Gym TCPA class action lawsuit was filed on behalf of Zemel and a proposed Class of U.S. consumers who received unsolicited text messages (which were not made for emergency purposes and were made without the recipient’s consent) from Gold’s Gym within the last four years.

Zemel seeks an injunction to stop Gold’s Gym from continuing to send unsolicited text messages. He also seeks statutory damages, attorneys’ fees and costs.

Under the TCPA, negligent violations of the law are subject to statutory damages in the amount of $500 per violation. Knowing and/or willful TCPA violations are subject to penalties of up to $1,500 per violation.

TopClassActions.com will continue to follow this case and provide updates if a Gold’s Gym settlement is reached.

Zemel is represented by Daniel Zemel and Nicholas Linker of Zemel Law LLC.

The Gold’s Gym Text Spam Class Action Lawsuit is Tzvi Zemel v. Gold’s Gym, Case No. 2:18-cv-03955, in the U.S. District Court for the District of New Jersey.

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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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