Class Action Lawsuit Takes Issue with Allegedly Unsolicited Text Sent by Palm Beach Sports Club

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Palm Beach Sports Club, LLC finds itself as the defendant in a proposed class action lawsuit wherein a St. Lucie County, Florida resident claims he received a telemarketing text from the company despite never consenting to be contacted.

The suit says the defendant promoted a discounted gym membership in an automated message sent to the plaintiff in September 2018. According to the case, the company failed to obtain the man’s written permission before contacting him through an automatic telephone dialing system in violation of the Telephone Consumer Protection Act (TCPA).

“Defendant knew that it did not have prior express consent to [send the text], and knew or should have known that it was using equipment that at [sic] constituted an automatic telephone dialing system,” the case argues, pointing out that the company apparently used gym management software called Club OS that can store telephone numbers and send texts to consumers en masse.

“The violations were therefore willful or knowing,” the case says.