Man Files TCPA Lawsuit Against LA Fitness Over Unwanted Mobile Coupons

A Florida man recently filed a class action lawsuit against LA Fitness, alleging that the California-based American gym chain sent a slew of unsolicited coupons by text to consumers.

The plaintiff, Thomas P., alleges that Fitness International (doing business as the popular gym LA Fitness) engaged in an aggressive telemarketing campaign via mobile coupons, offering discounted memberships. However, Thomas says that he had not provided LA Fitness with prior express written consent to be contacted using an automatic telephone dialing system (ATDS), which he says the impersonal and generic nature of the text indicates the company used.

According to the lawsuit, LA Fitness used “aggressive unsolicited marketing, harming thousands of consumers in the process.”

Indeed, the lawsuit alleges that LA Fitness’s advertising its deals caused “actual harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.”

Thomas also claimed that the mobile coupons “inconvenienced” him, and “caused disruption to his daily life.”

Thomas filed his lawsuit as a class action, on behalf of himself and all others in a similar situation. Class members include those in the U.S. who, in the four years leading up to the action, were sent a mobile coupon from LA Fitness using an ATDS without prior express consent.

The lawsuit was filed under the Telephone Consumer Protection Act, or TCPA. Thomas alleged that LA Fitness’s actions constituted a “knowing or willful” violation of the TCPA.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) was introduced back in 1991 as a method of protecting consumers from unwanted solicitation using technology. Over the nearly three decades since, technology has advanced, offering telemarketers and spammers new methods of contacting consumers. However, the TCPA itself has also expanded, now including technologies like robocalls, SMS text messaging, prerecorded messages, and more.

Reporting Spam Calls and Texts

Consumers who receive spam calls and texts from telemarketers and scammers can report these issues to the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC), which work together to help regulate this kind of behavior from companies.

The FTC began the National Do Not Call Registry under the TCPA, providing a list of consumers who have opted out of these kinds of unwanted sales calls so that companies know who not to call. Of course, having your name on the registry cannot completely stop telemarketing calls—illegitimate businesses may not care that they’re violating the TCPA—but reporting violations can help.

The FTC receives hundreds of thousands of robocall complaints every month, and while the Commission cannot respond to each individual complaint, these reports provide valuable data that helps the government spot trends and fight back against the rising tide of illegal telemarketing.

Filing a TCPA Lawsuit

A growing number of consumers are turning to litigation over violations of the TCPA.

If you have been hit with mobile coupons or robocalls from a company without first giving your prior express consent, you may be able to file a lawsuit and pursue compensation. There may be many consumers like you in a similar situation with that company, and you may be able to pursue class action litigation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Mobile Coupons TCPA Class Action Lawsuit is Case No. 8:20-cv-00612, in the U.S. District Court for the Central District of California.

Join a Free Text Message Coupon Class Action Lawsuit Investigation

If you have received coupons or sales advertisements in a text message from a restaurant or clothing retailer and your phone number is registered with the National Do Not Call registry, you may be entitled to compensation.

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