Lawsuit: Gold’s Gym Sends Text Message Advertisements Despite Consumers’ Objections

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Gold’s Gym International, Inc. and the operating companies of five different Gold’s Gym locations have been named as defendants in a proposed class action lawsuit filed by two women alleging Telephone Consumer Protection Act violations. The plaintiffs say they visited a Gold’s Gym in Aikens, South Carolina and were asked to provide their cell phone numbers in order to use guest passes. Both women allegedly checked a box indicating that they did not want to receive text messages from the defendants.

Nevertheless, the complaint argues, the defendant sent texts to both plaintiffs over the following months using automated telephone dialing technology without their express written consent. The first plaintiff, after receiving two messages, visited the gym again and informed an agent that she had not consented to receive the texts, the suit says. Similarly, the second plaintiff supposedly replied to the first message she received and reaffirmed that she had opted out of the advertisements. The complaint alleges, however, that the plaintiffs continued receiving texts despite their objections and in violation of federal law.