SAN JOSE – Two men are suing a fitness chain over an alleged telemarketing campaign.
Jasen Silver and Robert Burke, individually and for all others similarly situated, filed a class-action lawsuit Dec. 10 in U.S. District Court for the Northern District of California against 24 Hour Fitness USA, alleging violations of the Telephone Consumer Protection Act.
The suit states the defendant placed telephone calls and/or text messages to the plaintiffs' cellphones after Oct. 16, 2013, using an automatic telephone dialing system and/or using an artificial or pre-recorded voice without the express prior consent of the plaintiffs.
Silver alleges that he contacted the defendant's customer service department and visited his local gym in person to stop the calls and texts, but states they continued.
The suit further states the defendant made these calls to persons listed on the National Do Not Call Registry.
The plaintiffs and others in the class seek statutory and treble damages, interest, attorney fees and costs of the proceeding. 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.
U.S. District Court for the Northern District of California Case number 3:15-cv-05643-LB