TRENTON, NJ (Legal Newsline) – A New Jersey resident alleges a fitness center in the state sent him text messages for marketing purposes without his permission.
Mario Rivero filed a complaint on behalf of himself and all other similarly situated individuals on June 8 in the U.S. District Court District of New Jersey against Greenbrook Sports & Fitness LLC, doing business as Crunch Fitness and formerly known as Eclipse Fitness, alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that between Dec. 29, 2016, and May 16, 2018, he received numerous marketing text messages from the defendant using an automated text messaging platform.
The plaintiff holds Greenbrook Sports & Fitness LLC responsible because the defendant allegedly failed to obtain plaintiff's prior express consent as defined under the TCPA before transmitting the text messages.
The plaintiff requests a trial by jury, statutory damages, costs of this action, attorneys' fees and all other relief deemed appropriate by the court. He is represented by Ross H. Schmierer of DeNittis Osefchen and Prince PC in Marlton, New Jersey and Manuel S. Hiraldo of Hiraldo PA in Fort Lauderdale, Florida.
U.S. District Court District of New Jersey case number 3:-18-cv-10329-BRM-LHG