Santa Clara, CA: A class action lawsuit has been filed by two California men against 24 Hour Fitness alleging violations of the Telephone Consumer Protection Act
(TCPA).
Lead Plaintiffs Jasen Silver and Robert Burke, individually and for all others similarly situated, claim 24 Hour Fitness engaged in telemarketing and advertising by dialing or text messaging cellphone numbers throughout California and across the US on October 16, 2013. They allege that 24 Hour Fitness uses both an automatic telephone dialing system and an artificial or pre-recorded voice to deliver a message or text message without prior consent of the called party.
The suit further states the defendant also dialed residential phone numbers throughout the US that were listed on the National Do Not Call Registry, and after individuals requested the defendant stop making such calls.
The plaintiffs and others in the class seek statutory damages, injunction, interest, attorney fees and costs of the suit. They are represented by attorneys Matthew Righetti, John Glugoski and Michael C. Righetti of Righetti Glugoski in San Francisco, and by attorney Reuben D. Nathan of Nathan & Associates in Newport Beach, California.
US District Court for the Northern District of California Case number 3:15-CV-05643-LB
