LOS ANGELES (Legal Newsline) - A California woman is suing a fitness academy over phone text spamming claims.
Karen Elaine, on behalf of herself and those similarly situated, filed a class action lawsuit on Sept. 30 in the U.S. District Court for the Central District of California, Western Division against Fit and Fun Fitness Transformation Academy LLC and Doe 1 to 20, citing violations of the Telephone Consumer Protection Act.
Elaine alleges that on or around the afternoon of Aug. 25, her cellular phone was contacted by the defendant in an attempt to communicate with her regarding fitness services. The complaint states that Fit and Fun uses an automated telephone text messaging system to place unsolicited text messages and that she has not given prior express consent to receive said messages.
Elaine is demanding a trial by jury and is seeking $500 in statutory damages for each and every violation, $1,500 for statutory damages for each and very act of knowingly violating the TCPA, an injunction to prevent the defendants from performing unlawful acts in the future, attorney and court fees, and any other relief deemed proper by the court.
She is represented by attorneys John P. Kristensen and David L. Weisberg from the law offices of Kristensen Weisberg LLP in Los Angeles, Calif.
U.S. District Court for the Central District of California, Western Division case number 2:15-cv-07664-MWF-JC