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Fit And Fun Fitness Transformation Academy TCPA Class Action Lawsuit

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This lawsuit alleges that Fit and Fun Fitness Transformation Academy committed multiple willful violations of the Telephone Consumer Protection Act by sending unsolicited, automated text messages to the plaintiff's cell phone advertising the company's health and fitness services.

Fit and Fun Fitness Transformation Academy ("Fit and Fun") is a California business operating in Los Angeles County and offers fitness services to area consumers. According to the complaint, plaintiff Karen Elaine is a resident of Venice, California who began receiving text messages on August 25, 2015 from Fit and Fun on her cellular telephone. Plaintiff alleges that the original unsolicited text messages originated from Internet-generated spoof numbers beginning with a variety of area code prefixes. 

Elaine argues that Fit and Fun's practice of sending such messages to her cell phone constitutes multiple knowing and/or willful violations of the federal Telephone Consumer Protection Act. Specifically, she alleges that contrary to law:

  • Defendant's unsolicited text messages constituted messages that were not for emergency purposes;
  • Defendant's unsolicited messages were placed to phone numbers assigned to a telephone service for which plaintiff incurs a charge for incoming text messages;
  • Defendant never received plaintiff's prior express consent to receive unsolicited text messages using an automated dialing system or an artificial prerecorded message on her cellular telephone. 

The plaintiff's complaint includes two distinct causes of action under federal law, first for actual violations of the Telephone Consumer Protection Act and second, for knowing and/or willful violations of the same. Violations in and of themselves entitle successful plaintiffs to an award of $500.00 in statutory damages for each and every occurrence. Knowing and/or willful violations entitle plaintiffs to an award of $1,500.00 in damages for each and every occurrence.

In addition to seeking the aforementioned damages for each and every violation committed by Fit and Fun, plaintiff is seeking preliminary and permanent injunctive relief enjoining defendants from engaging or continuing to engage in the unlawful calls described in the complaint. Attorney fees and costs are also being sought on behalf of plaintiff and prospective members of the class.

Winning congressional approval in 1991, the Telephone Consumer Protection Act (TCPA) is designed to restrict and govern telephone solicitation methods and to proscribe the application of automated telephone systems in commercial contexts. It specifically limits the use of automatically generated text and voice messages, autodialing equipment and fax communications.

http://www.fitnesstransformationacademy.com/

https://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

Current Case Status: 

The complaint in this case is dated September 30, 2015. Defendants are afforded 30 days in which to respond to the allegations contained therein, though this period is customarily extended by mutual agreement of the parties.

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