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TCPA Class Claims Brought Against Gold’s Gym for Unsolicited Promotional Text Messages

Elizabeth DiNardo, Esq. | Associate Counsel


On March 22, 2018, yet another class action suit alleging a violation of the Telephone Consumer Protection Act (“TCPA”) was filed in New Jersey federal court against Gold’s Gym (“Gold’s”). New Jersey resident, Tzvi Zemel filed the case naming the popular national fitness chain as a defendant because received unsolicited text messages to his cell phone from Gold’s, despite having never been a member of the Gym or signing up for any services or company phone lists. Plaintiff alleges that Gold’s obtained his cell phone number through the use of an automatic telephone dialing system (“ATDS”). The text messages that Zemel received from Gold’s described various promotional opportunities with the gym and were described by the plaintiff as an aggravation, nuisance and invasion of privacy.

Zemel is seeking to represent a nationwide class of all persons within the United States who received unsolicited text messages from Gold’s via an ATDS. In addition to seeking statutory damages, Zemel also seeks an injunction against Gold’s in order to stop the gym chain from sending unsolicited text messages. 

The case is: Zemel v. Gold’s Gym, Case No.: 2:18-cv-03955 in the U.S. District Court for the District of New Jersey.



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