A proposed class action claims Orangetheory Fitness Cumberland has unlawfully sent telemarketing text messages to consumers who never consented to receive them.
According to the 10-page case, the gym franchise’s texts violated the Telephone Consumer Protection Act (TCPA), a federal law that bars the use of automatic telephone dialing technology to send non-emergency telemarketing texts without a recipient’s prior written consent. The lawsuit claims Orangetheory’s conduct has resulted in “the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”
The plaintiff is a Fairfax County, Virginia resident who claims to have received the following text from Orangetheory in May 2021:
Per the case, although the initial message allegedly did not contain required opt-out language, the plaintiff replied “Stop” in an attempt to opt out of the communications. Nevertheless, the defendant sent another text in June, according to the complaint.
The lawsuit alleges Orangetheory has no written policy for maintaining an internal do not call list, and does not train its employees on the use of such, as required under the TCPA.
Moreover, the defendant failed to obtain the plaintiff’s express written consent before sending the automated texts, the case alleges, claiming that to the extent the plaintiff initially provided consent, that permission was revoked when she texted the word “stop” in response to the May 2021 text.
The lawsuit looks to represent anyone in the U.S. who, within the last four years, was sent a text message from Orangetheory Fitness Cumberland, or anyone on its behalf, to their cell phone after requesting not to receive future text messages.
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