MINNEAPOLIS (Legal Newsline) – Two consumers allege that a gym sent them text messages after they indicated on a form that did not wish to receive the messages.
Rachel Frank and Danielle Cowette, on behalf of themselves and all others similarly situated, filed a complaint on Feb. 15 in the U.S. District Court for the District of Minnesota against Gold's Gym of Aikens, South Carolina; Gold's Gym of North August, South Carolina; Gold's Gym of Augusta, Georgia; et al. for alleged violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiffs allege that they were contacted by defendants in an attempt to solicit business. The plaintiffs allege the defendants obtained their contact information when they visited defendants' premises in September 2017 and filled out information for a guest pass, but that they checked on a form that they did not want to receive text messages.
The plaintiffs holds Gold's Gym responsible because the defendants allegedly systematically sent text messages to persons who did not previously provide it with their prior express consent to receive such text messages.
The plaintiffs request a trial by jury and seek judgment for treble damages, injunctive relief and any other relief the court may deem just and proper. They are represented by Thomas J. Lyons Jr., Ronald A. Marron, Alexis M. Wood and Kas L. Gallucci of Consumer Justice Center PA in Vadnais Heights, Minnesota.
U.S. District Court for the District of Minnesota case number 0:18-cv-00447-DSD-KMM