Top Crunch Fitness Franchisee Is 'Mass' Robocaller, Alleges Class Action
CR Fitness, the largest franchisee of Crunch Fitness gyms, with more than 40 clubs in Florida, Georgia, North Carolina and Texas, embarked on an aggressive marketing campaign to sell club memberships that includes placing unsolicited, prerecorded telemarketing robocalls to consumers,…
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in violation of the Telephone Consumer Protection Act, alleged plaintiff Ben Davis’ class action Friday (docket 8:23-cv-02333) in U.S. District Court for Middle Florida in Tampa. CR Fitness called Davis’ cellphone without his consent, and even though his number was listed on the national do not call registry since December 2011, it said. Upon information and “good faith belief,” CR Fitness maintains or has access to “outbound transmission reports for all robocalls sent for advertising and promoting its services and goods,” it said. Those reports “show the dates, times, target telephone numbers and content of each message” sent to Davis and his potential class members, it said. The Collin County, Texas, resident believes CR Fitness “engages in mass robocalling nationwide without any consent from the recipients of its calls,” it said. The calls caused Davis and the potential class members harm, “including liquidated damages, inconvenience, invasion of privacy, aggravation, annoyance and violation of their statutory privacy rights,” it said.