Under the Telephone Consumer Protection Act, it is generally illegal for a business to send texts, call with a prerecorded message, or leave a prerecorded voicemail without your first having given express consent for them to do so, according to the FCC. However, this does not stop some businesses from employing these text and call tactics anyway.
Recently, health and fitness clubs in Florida have reportedly been using text spam messages as well as unwanted prerecorded messages to target consumers, without the consumers first agreeing to receive these texts and calls.
According to complaints, these unwanted calls and texts from health clubs in Florida were sent using an automatic telephone dialing system and sent en masse, which are also markers of TCPA violations.
While telemarketing has been a common practice of businesses for decades, advancements in technology have given telemarketers more power than ever before, with their ability to spam call, text, prerecord messages, autodial, and even use a process called “neighbor spoofing” to trick consumers into thinking the call is from their own neighborhood.
Stopping Unwanted Calls and Texts
With all these new telemarketing technologies, how can you stop unwanted calls and texts from health clubs and other businesses?
First things first: Do not engage with calls or texts that are clearly spam, by dialing numbers in their automated menu, responding to texts, or even responding verbally. Just delete the text or hang up the phone. Some smartphones are equipped with a useful spam reporting feature.
If the message you’re reporting is a text, you can simply forward the text message to SPAM (7726) which will help your carrier block spammers.
Putting your number on the Do Not Call list and reporting TCPA violations to the Federal Trade Commission are also useful ways to prevent the influx of spam calls and texts.
Filing a Florida Health Club TCPA Lawsuit
Consumer complaints of TCPA violations, as well as litigation, are some of the main factors in making sure businesses adhere to TCPA guidelines.
One recent Florida health club text spam lawsuit ended with a $600,000 settlement agreement. The settlement amount benefits consumers who received spam texts from Powerhouse Gym Fort Lauderdale between June 16, 2017 and March 12, 2019. Class members who file a valid claim form by the deadline may be able to collect up to $30 per text message they received from the gym in violation of the TCPA.
Another Florida lawsuit was filed against a Planet Fitness gym over spam texts sent with express consent from gym members, even though the lead plaintiff had been on the national Do Not Call registry since 2004.
If you are a Florida resident and you have received unwanted calls and texts from health clubs, you may be able to join this TCPA class action lawsuit investigation and pursue compensation.
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.
This article is not legal advice. It is presented
for informational purposes only.
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