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Suit filed against Planet Fitness over text message for free water

By Jenie Mallari-Torres | Feb 1, 2019

MIAMI (Legal Newsline) – A Florida resident alleges a gym operator unlawfully sent him a text message with an offer for free water.

Jody Steward filed a complaint individually and on behalf of all others similarly situated on Jan. 23 in the U.S. District Court for the Southern District of Florida against Planet Fitness Inc. alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that he received a telemarketing text message from the defendant on Oct. 17, 2018, advertising a free bottle of water if the message was shown at a gym that day. He alleges he did not provide the defendant his consent to be contacted through the use of an automatic telephone dialing system.

The plaintiff holds Planet Fitness Inc. responsible because the defendant allegedly used an automatic telephone dialing system for non-emergency calls and transmitted unsolicited text messages advertisements without the recipients' prior express consent.

The plaintiff requests a trial by jury and seeks judgment against the defendants, certification of the case as a class action, award of actual and statutory damages, declaratory and injunctive relief, and other relief as the court deems necessary. She is represented by Andrew J. Shamis of Shamis & Gentile PA in Miami, Florida and Scott Edelsberg of Edelsberg Law PA in Aventura, Florida.

U.S. District Court for the Southern District of Florida case number 9:19-cv-80091

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