Issues: TCPA Violations – Unwanted Spam Text Messages

Summary:

On May 11, 2018, a class action lawsuit was filed by Fitapelli & Schaffer, LLP and Terrell Marshall Law Group PLLC against New York Sports Club (“NY Sports Club”) for allegedly violating the Telephone Consumer Protection Act (TCPA) by sending text messages to recipients’ cellular phones without their prior written consent.  The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent.  The fitness facilities, which operate throughout New York, Boston, Washington, D.C., and Philadelphia, claim to have “the largest gym network in the Northeast.” The lawsuit asserts TCPA violations on behalf of the Plaintiff and a nationwide class of customers who received text messages on their cell phones from NY Sports Club. Each recipient of an unlawful call, text message, and/or fax, may receive a statutory penalty of at least $500 (up to $1,500) for each violation.

NY Sports Club advertises their gyms through bulk SMS messaging. In this case, the plaintiff had never had a gym membership with NY Sports and did not sign up to receive Spam Texts from them. Nonetheless, on April 17, 2018, they received a Spam Text advertisement on their cellular telephone from, or on behalf of, NY Sports Club.

The lawsuit argues that the plaintiff’s privacy was violated upon receiving Spam Text from, or on behalf of, NY Sports Club, which was annoying, harassing, and constitutes a nuisance. The company has sent a significant number of Spam Texts to persons on their cellular telephones in New York and throughout the entire United States.

If you feel you may be affected by this lawsuit, or have any questions, please give Fitapelli & Schaffer, LLP a call for a free consultation. The lawyers of Fitapelli & Schaffer, LLP represent everyday people who have faced unwanted and endless telemarketing calls at home, their business, and/or on their mobile devices. If you are receiving unwanted telemarketing calls and want to stop them as soon as possible, then please call the lawyers of Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation. Or for more information, visit our website fslawfirm.com.

To view the complaint please click here.