One has to wonder what the success rate is for illegal telemarketing ads, since companies continue to send them. The complaint for this class action alleges that Fitness Northwest, Inc. violates the Telephone Consumer Protection Act (TCPA) by sending consumers text messages advertising its Gold’s Gyms.
The class for this action is all persons in the US
Fitness Northwest owns three Gold’s Gyms, in Issaquah, Bothell, and Redmond, Washington. It seems that the company telemarkets these gyms by sending text messages to consumer cell phones.
The TCPA tries to give consumers control over what kinds of advertising messages they receive. Advertisers are forbidden to place calls to consumer cell phones, using automatic dialing systems or artificial or prerecorded voices, unless they have the consumers’ prior express written consent to receive such messages. The word “calls” includes regular voice calls, voicemail messages, and text messages.
Plaintiff Carl Terranella received a text message from Fitness Northwest on July 17, 2017. The message began, “Hi! This is Karla from Gold’s Gym Issaquah. I’m following up with you after you had expressed interest in our facility. Right now, we’re having a summer promotion…”
On July 30, he received a second text message from the company. That one began, “Hi, my name is Tyler and I am a Fitness Consultant at Gold’s Gym Issaquah. Today is the last day for our end of summer promotion! Don’t miss out on this great deal!...”
The complaint claims that the messages were sent using automatic dialing equipment. For evidence, it points to “the circumstances surrounding the text messages, including the ability to trigger an automated response …, the commercial and generic content, the ability for multiple agents to send texts from the same phone number…” and other things.
Terranella says he has never had a relationship with Fitness Northwest or any other owner or operator of a Gold’s Gym.