Shaun Zinck Jul. 17, 2015, 11:15am


A Georgia chain of fitness gyms is facing allegations that it illegally sent text messages to cellphone numbers soliciting its services to potential customers.

Devin Stone filed the lawsuit on June 19 in U.S. District Court in Georgia against Bodyplex Inc. claiming the company texted his cell phone on several different occasions offering different deals to use its facilities.

Stone said he did not give Bodyplex permission to text his cellphone, and alleges in the lawsuit that the company violated the U.S. Telephone Consumer Protection Act. The fitness center sent a text offering no joining fee and the first two weeks free to use the gyms.

Stone said in January he received the text message, which read he could respond with the word “stop” to opt out of receiving future message from Bodyplex. However, on May 1 he received another promotional text message from the company.

The lawsuit states the Federal Communications Commission has ruled that text messages are the same as calls to cellphone numbers as defined in the TCPA.

Stone is seeking class status for those who received text message from Bodyplex without giving their consent. He is also seeking $500 in damages for every message sent that was in violation of the federal law.

He is represented by Sergei Lemberg of Lemberg Law LLC in Stamford, Conn.

U.S. States District Court for the Northern District of Georgia case number 1:15-cv-02220.

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