Because she and other Class Members received more than one spam text message in a 12-month period made by or on behalf of the defendant in violation of the TCPA, they are entitled to an award of 500 in statutory damages. We wont sell your information, spam you with any ads, text you back, message you, or ad any charges to your bill. Enter your email if you would like to get replies or choose to remain anonymous.
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Δ document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ). The plaintiff seeks to represent a nationwide Class of consumers who received spam texts from Orangetheory the United States. With TextSendr you can send free text messages to almost any phone as long as you know the provider. We tell you about cash you can claim every week!ĬAPTCHAEmailThis field is for validation purposes and should be left unchanged. The plaintiff seeks to represent a nationwide Class of consumers who received spam texts from Orangetheory the United States.īecause she and other Class Members received more than one spam text message in a 12-month period made by or on behalf of the defendant in violation of the TCPA, they are entitled to an award of $500 in statutory damages for each violation, the lawsuit states. “Defendant’s text messages also inconvenienced plaintiff and caused disruption to her daily life.” “Defendant’s unsolicited text messages caused plaintiff actual harm, including invasion of her privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion,” the lawsuit states. The class action lawsuit also alleges that the defendant does not have a written policy for maintaining an internal do not call list and does not inform and train its personnel engaged in telemarketing in the existence and the use of any internal do not call list. Orangetheory Gym Sent Spam to Consumers on ‘Do Not Call’ List, Claims Class Action The information contained in the text message advertises defendant’s various discountsĪnd promotions, which defendant sends to promote its business,” the class action lawsuit states. Purchase or investment in property, goods or services, i.e., selling plaintiff a gym membership. “The defendant’s text messages constitute telemarketing because they encouraged the future However, Mack claims she received another spam text message on or about June 10, 2021. She says she responded with the word “Stop” in an attempt to opt out of any further text message communications with the defendant.
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On or about May 24, 2021, lead plaintiff Sarah Mack received a telemarketing text message that did not contain instructions on how to opt out of future messages, according to the lawsuit.
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Orangetheory Fitness of Cumberland violated the Telephone Consumer Protection Act (TCPA) and its regulations by sending spam text messages to a Virginia woman, even after she opted out of the marketing, a new class action lawsuit alleges.