Man Sues Operators of Boston Sports Clubs, Three Others Over Unwanted Text Messages

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The two companies that operate New York Sports Clubs, Boston Sports Clubs, Washington Sports Clubs, and Philadelphia Sports Clubs are facing a proposed class action accusing the parties of sending illegal telemarketing text messages to consumers’ cell phones. The plaintiff in the case claims he received a text message on March 27, 2018 urging him to “join [Boston Sports Clubs] for $1 and pay no dues until May.” The suit argues that the message violated the Telephone Consumer Protection Act in that it was sent without the plaintiff’s prior consent.

The man says he visited one of the defendants’ websites in early 2017 and signed up for a “free pass,” which required him to enter his phone number along with other personal information. “At no time was Plaintiff asked to review or agree to any further terms and conditions prior to completing his request for a free-trial guest pass,” the complaint asserts. The plaintiff argues that in signing up for the pass, he was unaware that he would become “the victim of unsolicited text message spam” and insists that he “certainly did not consent to it.”