Orangetheory Gym Sent Unwanted Spam Text Messages, Class Action Says

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Orangetheory Spam Text Messages Class Action Lawsuit Overview:

• Who: A Virginia woman lodged a class action lawsuit against the owners of an Orangetheory location in Cumberland.
• Why: She claims that Orangetheory violated the Telephone Consumer Protection Act by serving unsuspecting consumers spam text messages.  
• Where: The class action lawsuit is pending in Georgia federal court.

Orangetheory Fitness of Cumberland violated the Telephone Consumer Protection Act (TCPA) and its regulations by sending spam text messages to a Virginia woman, even after she opted out of the marketing, a new class action lawsuit alleges.

On or about May 24, 2021, lead plaintiff Sarah Mack received a telemarketing text message that did not contain instructions on how to opt out of future messages, according to the lawsuit. 

She says she responded with the word “Stop” in an attempt to opt out of any further text message communications with the defendant. However, Mack claims she received another spam text message on or about June 10, 2021. 

“The defendant’s text messages constitute telemarketing because they encouraged the future

purchase or investment in property, goods or services, i.e., selling plaintiff a gym membership. The information contained in the text message advertises defendant’s various discounts

and promotions, which defendant sends to promote its business,” the class action lawsuit states.

Orangetheory Gym Sent Spam to Consumers on ‘Do Not Call’ List, Claims Class Action

The class action lawsuit also alleges that the defendant does not have a written policy for maintaining an internal do not call list and does not inform and train its personnel engaged in telemarketing in the existence and the use of any internal do not call list. 

“Defendant’s unsolicited text messages caused plaintiff actual harm, including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion,” the lawsuit states. “Defendant’s text messages also inconvenienced plaintiff and caused disruption to her daily life.” 

The plaintiff seeks to represent a nationwide Class of consumers who received spam texts from Orangetheory the United States.

Because she and other Class Members received more than one spam text message in a 12-month period made by or on behalf of the defendant in violation of the TCPA, they are entitled to an award of $500 in statutory damages for each violation, the lawsuit states.

Mack seeks an award of actual and statutory damages for herself and each member of the class, as well as an injunction requiring Orangetheory to cease all unsolicited text messaging activity.

To see if you qualify to join a spam text message class action lawsuit investigation click here (links to paid attorney advertisement).  

The plaintiff is represented by Andrew J. Shamis of Shamis & Gentile, P.A. 

The Orangetheory Unsolicited Text Messages Class Action Lawsuit is Mack, et al. v. Confluence Group II, LLC, Case No. 1:21-cv-04470-AT, in the United States District Court Northern District of Georgia.

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