Five southeastern Gold’s Gym operating companies have been hit with a proposed class action in which two plaintiffs claim they received automatically generated text messages in violation of the Telephone Consumer Protection Act (TCPA.) Named as defendants in the complaint are:
- Gold’s Gym of Aiken, South Carolina;
- Gold’s Gym of North Augusta, South Carolina;
- Gold’s Gym of Augusta, Georgia (Bobby Jones Exp.);
- Gold’s Gym of Augusta, Georgia (Walton Way Ext.); and
- Gold’s Gym of Evans, Georgia.
The lawsuit claims each plaintiff visited the Gold’s Gym location in Aiken and filled out information for a guest pass. Although each plaintiff was required to enter her cell phone number, the suit points out that both women checked the box that identified that they did not consent to receive any text messages from any Gold’s Gym location.
Despite a lack of consent and requests from the women that the communications stop, the defendants allegedly sent at least three unsolicited text messages to each plaintiff via automatic dialing technology.