Powerhouse Gym Unwanted Text Class Action Settlement

Powerhouse Gym Fort Lauderdale recently agreed to pay $600,000 to settle a Telephone Consumer Protection Act class action lawsuit.

The Florida gym text spam settlement will benefit individuals who received a text message on their cell phone by or on behalf of Powerhouse Gym Fort Lauderdale between June 16, 2017 and March 12, 2019.

Plaintiff Daniel Hersenhaber filed the class action lawsuit against Powerhouse Gym in July 2018, claiming that he received unsolicited text messages advertising the gym’s services.

In December 2018, the class action was amended to add Clayton Flotz as another lead plaintiff.

Hersenhaber and Flotz claim that the Powerhouse Gym spam texts were a violation of the Telephone Consumer Protection Act (TCPA). The TCPA is a federal law that protects consumers from harassing calls, texts, and fax messages unless they give their prior written consent.

Under the TCPA, consumers are allowed to take legal action against businesses that violate the act’s stipulations.

The Powerhouse gym class action settlement totals $600,000 and will compensate consumers who allegedly received text messages without having consented.

If Class Members file a valid Claim Form by June 5, 2019, they may be able to collect up to $30 per text message received from the gym.

The amount of money each Class Member can claim per call will depend on a variety of factors including the number of claims filed, attorneys’ fees, administration costs, and more.

The deadline for objection or exclusion is May 20, 2019. The final approval hearing is scheduled for June 12, 2019.

Who’s Eligible

Individuals who received a text message on their cell phone by or on behalf of Powerhouse Gym between June 16, 2017 and March 12, 2019.

Potential Award

Up to $30 per text message.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

6/5/2019

Case Name

Gerstenhaber v. Galleria Fitness Club LLC d/b/a Powerhouse Gym Fort Lauderdale, Case No. 0:18-cv-62108-CMA, in the U.S. District Court for the Southern District of Florida

Final Hearing

6/12/2019

Settlement Website

www.GymTCPASettlement.com

Claims Administrator

Gerstenhaber v. Galleria Fitness Club
c/o Heffler
P.O. Box 58158
Philadelphia, PA 19102-8158
1-833-253-8060

Class Counsel

Manuel Hiraldo
HIRALDO PA

Ignacio Hiraldo
IJH LAW

Michael Eisenband
EISENBAND LAW PA

Defense Counsel

Maria Vigilante
BLANK ROME LLP

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Join a Free Florida Gym Text Spam 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) by a gym or health club in Florida, you may be eligible for compensation under the Telephone Consumer Protection Act.

GET A FREE CASE EVALUATION NOW