Crunch Fitness faces a proposed class action that claims the gym operator has placed autodialed collection calls to consumers’ cell phones without securing their prior consent to be contacted and even after they requested that the calls cease.
Crunch is alleged to have violated the Telephone Consumer Protection Act (TCPA), a federal law designed to “protect individuals from the harassment, invasion of privacy, inconvenience, nuisance, and other harms associated with unsolicited, automated calls.”
The plaintiff, an Orlando, Florida resident, says he signed up for a gym membership with Crunch in late 2019 and then canceled his membership shortly after joining. Per the case, the plaintiff completed “all necessary steps and paper work” required to cancel his membership.
According to the suit, Crunch began to place in early 2020 “harassing collection calls” to the plaintiff’s cell phone. Each call, the plaintiff says, began with a “lengthy pause” before a live representative came on the line and informed the man that “he needed to fix his account and go into a gym location to sign some paperwork.” The plaintiff says he told the representative that there was nothing wrong with his account and requested that Crunch stop calling him.
“Unfortunately, Defendant continued throughout the year,” the complaint alleges, relaying the plaintiff requested that the calls cease on at least three other occasions in January 2021.
Despite the plaintiff’s “unambiguous requests,” Crunch continued placing automated calls to his cell phone, according to the case, and in total placed “no less than 60 unwanted and unconsented to collection calls” after the man had requested that the calls cease, the lawsuit says.
The suit says that in light of the plaintiff’s termination of his relationship with Crunch by canceling his membership, the collection calls were “highly intrusive and were a nuisance,” especially given the fact that the plaintiff had requested on multiple occasions that Crunch cease contacting him.
The lawsuit looks to cover anyone in Florida to whose cell phone Crunch Fitness or a third party acting on its behalf placed phone calls using an automatic telephone dialing system in connection with an alleged delinquent account after they requested that the phone calls cease and which calls occurred within the last four years and through the date of class certification.
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