Crunch Facing TCPA Class Action Over Alleged Unauthorized Marketing Text Messages

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Crunch, LLC is among three defendants in a proposed class action in which the plaintiff says he was the recipient of unsolicited text messages sent by the fitness club operator as part of a “marketing scheme” through which the company “harvests” consumers’ phone numbers. The lawsuit—which also names Crunch Franchising, LLC and DeLiu, LLC, a Florida Crunch franchisee, as defendants—alleges the companies utilize three methods of obtaining consumers’ numbers for the purpose of sending unauthorized marketing texts:

“In the first of three ways, [the defendants] harvest cellular telephone numbers from individuals who sign up for a free day pass on [the defendants’] website, www.crunch.com.

Second, when an individual visits a Crunch location (like Crunch Fitness Oakland Park) for the first time, they are offered a free trial day pass on the condition that they fill out a guest pass form. Without explanation as to why, provision of a cellular telephone number is required on the form.

Finally, if an individual decides to sign up, [the defendants] collect the cellular telephone number again (again without explanation) and provides the individual with a membership agreement.”

The plaintiff says that at no time in any of the above scenarios does Crunch state or even infer marketing text messages will be sent to the number they have on record. The plaintiff alleges the defendants have violated the Telephone Consumer Protection Act (TCPA) by sending non-emergency marketing texts to consumers without consent by way of an automatic telephone dialing system.