Life Time Fitness will pay $10-$15 million to consumers who received unsolicited,
automated text messages in violation of the Telephone Consumer Protection
To put an end to a TCPA lawsuit, Life Time Fitness has agreed to pay up
to $15 million to consumers who received automated text messages on their
cellphones from January to April of 2014. Plaintiffs, on behalf of a class
of nearly 600,000 persons, accused the company of sending out mass text
messages that advertised special deals, packages, and offers. Life Time
Fitness allegedly used software designed to send out massive amounts of
text messages all at once.
Sending mass, automated text messages to individuals without their express
written consent is a violation of the TCPA.
A point of contention in this case was whether certain customers had consented
to have Life Time Fitness contact them. Beginning on October 16, 2013,
companies had to obtain someone’s express
consent in order to send messages like this. Life Time contended that
people whose phone numbers they obtained prior to this date could nevertheless
be considered to have consented to being contacted.
Meyer Wilson helps consumers who have received unsolicited calls and/or
text messages by fighting for their rights under the TCPA. If you have
received automated calls or text messages to your phone,
contact us today for more information.