Florida Gym Faces Text Spam Settlement

Powerhouse Gym Fort Lauderdale has agreed to a $600,000 text spam settlement following a consumer lawsuit alleging that the gym violated TCPA regulations.

Florida Gym Class Action Lawsuit

According to plaintiff Daniel G. in his lawsuit filed against Powerhouse Gym Fort Lauderdale, the Florida health and fitness club may be violating the TCPA by sending mass marketing text messages to consumers.

Daniel’s class action lawsuit, filed on Sept. 6, 2018, claims that Powerhouse Gym sent spam text messages to consumers in the Fort Lauderdale area in an attempt to convince these recipients to purchase a gym membership. Despite never giving the gym permission to contact him, Daniel claims that Powerhouse Gym harassed him with spam marketing texts.

These texts were allegedly sent from a short code phone number, a type of number that enables the sender to send mass texts to dozens or hundreds of recipients. Daniel claims that the impersonal and generic wording of the texts, as well as the nature of the message, are evidence that an automatic dialing or texting system was used to send the messages to consumers.

Companies who send consumers unsolicited automatic text messages, phone calls, and voicemails may be in violation of the Telephone Consumer Protection Act (TCPA). Under the terms of the TCPA, businesses may not use automated dialers or send automatic text messages to consumers without their prior express consent.

Automatic telephone dialing systems make it easy for companies to contact consumers en masse. These automated texts, phone calls, and voicemails may be annoying or harassing. Consumers who have been victims of this kind of robocall marketing from Florida gyms or fitness clubs may be able to file a class action lawsuit and pursue a text spam settlement.

What is the Telephone Consumers Protection Act?

The TCPA was passed by Congress in 1992 in response to an increase in the use of telephones to market products to customers or collect debts. Today, the TCPA protects consumers and also governs the use of automatic telephone dialing machines and automated text messages.

According to the terms of the TCPA:

• Companies are prohibited from contacting consumers who are on the national Do-Not-Call list.
• Companies must keep company-specific do-not-call lists and abide by them.
• Consumers must be given the option of opting out of automated messages at any time.
• Solicitors are required to disclose the person or entity contacting the consumer.
• Companies are prohibited from contacting consumers before 8 a.m. or after 9 p.m. local time.
• Companies are prohibited from soliciting consumers using an artificial or recorded voice.

Consumers who have been victims of violations of these TCPA regulations may be able to sue the soliciting entities for up to $500 per violation. If consumers are able to prove that the violations are willful, that amount may increase up to $1,500 per violation.

Who May Qualify?

Florida fitness clubs and gyms may be contacting a variety of consumers without their express consent. These gyms may be contacting former members in an attempt to renew their memberships or attempting to solicit new members. Some clubs may also have purchased consumer contact information from a third party.

If you have been contacted by a Florida fitness club or gym that you do not have a business relationship with, you may be eligible to join a class action lawsuit or investigation. Similar lawsuits have resulted in settlements of hundreds of thousands of dollars.

The Powerhouse Gym Lawsuit is Case No. 0:18-cv-62108-CMA, in the U.S. District Court for the Southern District of Florida.

Join a Free Florida Health Club Text Spam Class Action Lawsuit Investigation

If you live in Florida and you have received unwanted text, voice messages or robocalls from a fitness club, you may be eligible to join a free TCPA class action lawsuit investigation.

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This article is not legal advice. It is presented 
for informational purposes only.