Kehoe Law Firm, P.C. is making consumers aware that on January 29, 2019, a class action lawsuit was filed against Ultimate Fitness Group, LLC, d/b/a Orangetheory Fitness, and other Defendants, as of yet unknown, in United States District Court for the Southern District of New York ” . . . seeking damages and any other available legal or equitable remedies resulting from the [alleged] illegal actions of Ultimate Fitness Group, LLC d/b/a Orangetheory Fitness in negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act, 47. U.S.C. § 227 et seq. (‘TCPA’) and related regulations thereby invading Plaintiff’s privacy.”
According to the class action complaint:
In or about May of 2018, Plaintiff received an unsolicited text message from [Ultimate Fitness Group, LLC, d/b/a Orangetheory Fitness] on her cellular telephone . . . .
During this time, Defendant began to use Plaintiff’s cellular telephone for the purpose of sending Plaintiff spam advertisements and/or promotional offers, via text messages, including a text message sent to and received by Plaintiff on or about May of 2018 and continued in or about June of 2018 from Defendant’s text number, 797-979.
The complaint alleges that the “Plaintiff was never a customer of [Ultimate Fitness Group, LLC, d/b/a Orangetheory Fitness] and never provided her cellular telephone number [to] Defendant for any reason whatsoever.”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.