Club Industry is part of the Global Exhibitions Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

Planet Fitness faces TCPA claims Photo by a View Apart / Getty Images.
In her ruling, U.S. Magistrate Judge Alicia M. Otazo-Reyes denied Planet Fitness' request for arbitration and said its Aug. 10, 2018, text message to former member Jonnathan Ramos falls into the category of "post-agreement conduct."

Planet Fitness Faces Class Action Over Alleged TCPA Violations

Plaintiff Jonnathan Ramos is alleging that Planet Fitness' automated text messages violated the Telephone Consumer Protection Act (TCPA) and caused him actual harm, including invasion of his privacy.

A federal judge denied Planet Fitness' arbitration request over a proposed class action regarding the company's alleged violations of the Telephone Consumer Protection Act (TCPA), according to documents filed with the District Court for the Southern District of Florida. The proposed lawsuit will go to court on behalf of the original plaintiff and thousands of Planet Fitness members who he claims to represent.

Plaintiff Jonnathan Ramos, a Planet Fitness member from 2015 to 2018, is alleging that Planet Fitness' automated text messages caused him actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, conversion, inconvenience and disruption to his daily life. 

After cancelling his membership, Ramos received the following automated text message on Aug. 10, 2018: "Planet Fitness: JONNATHAN! We're making it easier than ever to come back to PF. For a limited time you can rejoin for $1 Down and get ONE MONTH FREE. Use promo code BACK2PF10 for our classic membership or BACK2PFBC for the PF Black Card! Text STOP to opt-out or HELP for help. Rejoin Now."

Ramos filed his lawsuit on Aug. 23, 2018, arguing that the Aug. 10 text message violated the TCPA. Planet Fitness attempted to compel arbitration via the arbitration clause in the membership agreement Ramos signed in 2015. However, U.S. Magistrate Judge Alicia M. Otazo-Reyes said Ramos was no longer bound by the agreement, according to court documents.

In her ruling, Otazo-Reyes cited a precedent established in a 2018 federal appeals case, "Gamble v. New Eng. Auto Fin., Inc.," and said the Aug. 10 text message relates to "post-agreement conduct."

Reyes states: "Here, neither the Agreement nor the Arbitration Provision contemplates future TCPA claims; thus, as in Gamble, the Text Consent Provision constitutes a 'separate stand-alone provision.' Therefore, Plaintiff's claim 'arises not from the [Agreement] or any breach of it, but 'from post-agreement conduct that allegedly violates a separate, distinct federal law.'"

She continues: "Here, the 'post-agreement conduct' was the sending of the Text Message, an action that occurred after the Agreement had been terminated by Plaintiff. Because the Text Consent Provision was not part of the Agreement, and the Text Message constituted post-agreement conduct, Plaintiff's TCPA claim is not arbitrable pursuant to the Arbitration Provision."

A court date has not been set for Ramos' proposed class action suit.

Several health clubs have already been caught up in TCPA lawsuits in recent years, including Gold’s Gym24 Hour FitnessTown Sports InternationalWorkout WorldCrunch Fitness and Life Time, the latter of which settled its case for $15 million.

Hide comments

Comments

  • Allowed HTML tags: <em> <strong> <blockquote> <br> <p>

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
Publish