Bath Fitter class action alleges company made unsolicited telemarketing phone calls

Bath Fitter class action overview: 

• Who: Bath Fitter is facing a class action lawsuit claiming it made repeated unsolicited telemarketing calls.
• Why: The Bath Fitter phone calls were unwanted and the plaintiff claims the calls were a violation of the Telephone Consumer Protection Act (TCPA).
• Where: The Bath Fitter telemarketing lawsuit was filed in federal court in Pennsylvania.

A Bath Fitter telemarketing lawsuit claims the company made repeated unwanted calls to individuals on the National Do-Not-Call Registry in violation of the Telephone Consumer Protection Act (TCPA).

Bath Fitter was hit with a previous class action for TCPA violations last year. A judge granted final approval to that class action in March 2023, but the company continued to violate the law, the new lawsuit claims.

Lead Plaintiff Meira Avauni Rawlings received at least four solicitation voicemails in the months after that settlement despite being on the Do-Not-Call Registry, the lawsuit says.

“Defendant’s conduct violated the privacy rights of plaintiff and the putative class members, as they were subjected to annoying and harassing phone calls,” the Bath Fitter class action lawsuit says. “Defendant’s phone calls intruded upon the rights of plaintiff and the putative class members to be free from invasion of their interest in seclusion.”

Class includes those receiving 2 or more calls in year after prior settlement

The plaintiff has proposed a nationwide class of those on the National Do-Not-Call Registry who received two or more unsolicited calls from Bath Fitter or its representatives in a 12-month period after the previous class-action settlement on March 6, 2023.

The Bath Fitter phone calls could cost the company $500 per call, and as much as $1,500 for each call proven to be a willful TCPA violation, along with court costs and attorneys’ fees.

Bath Saver Inc. and franchisee Bath Fitter established a now-closed settlement fund of $1.95 million to resolve a class action lawsuit claiming the company violated federal law regulating spam phone calls.

Have you received unwanted Bath Fitter telemarketing calls? Let us know in the comments.

The plaintiff is represented by Jacob U. Ginsburg and Craig T. Kimmel of Kimmel and Silverman P.C. and Christopher E. Roberts of Butsch Roberts and Associates LLC.

The Bath Fitter class action lawsuit is Rawlings v. Bath Saver Inc. d/b/a Bath Fitter, Case No. 1:24-cv-00073-CCC, in the U.S. District Court for the Middle District of Pennsylvania.

Read About More Class Action Lawsuits & Class Action Settlements:

• Carvana class action claims company sent unsolicited text messages
• Tampa Bay Buccaneers seek to decertify class in $19.75M spam fax settlement
• Walgreens class action claims retailer made robocalls without consent
• O’Reilly class action alleges auto store engages in unsolicited text messaging