LOS ANGELES – A Pennsylvania man alleges he received unwanted promotional text messages from a California gym chain.
Elliot Pershes filed a complaint individually and on behalf of all others similarly situated on Aug. 17 in the U.S. District Court for the Central District of California against USA Fitness Center and Does 1-10 alleging violation of the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that beginning in May, he received text messages from USA Fitness Center advertising promotional offers. He alleges he was never a customer of the defendant and never provided the defendant with his cellphone number.
The plaintiffs hold USA Fitness Center and Does 1-10 responsible because the defendants allegedly used an autodialer to send unwanted text messages to plaintiff and class members' cellular phones and without prior express consent to send the messages.
The plaintiffs request a trial by jury and seek judgment against defendants for damages, statutory damages, injunctive relief, and other relief the court may deem just. He is represented by Todd M. Friedman, Meghan E. George and Adrian R. Bacon of The Law Offices of Todd M. Friedman PC in Woodland Hills.
U.S. District Court for the Central District of California case number 2:18-cv-07258