Lawsuit Claims Powerhouse Gym Fort Lauderdale Violated TCPA with Promotional Text

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A Florida consumer claims in a proposed class action that he received an unsolicited text message from Powerhouse Gym Fort Lauderdale in violation of the Telephone Consumer Protection Act (TCPA). 

The complaint, which names Galleria Fitness Club, LLC as the defendant, says the company sent the plaintiff a text message in August 2018 that advertised a presale offer for a discounted gym membership. The defendant sent the automated message without obtaining the plaintiff’s express permission to do so, effectively violating the TCPA, the case claims. The suit seeks injunctive relief requiring the defendant to stop sending unsolicited messages, as well as statutory damages of at least $500 per TCPA violation for proposed class members.