Super-friendly gym accused of lack of textraint
For most of us, gyms can be somewhat … intimidating. We’re going there because we’re less than perfect, of course. But why are there so many perfect people already there, working out one machine over?
Youfit, sensing our unease, caters to the more casual gym attendee. Bright, friendly colors (green and purple, sure, but they sort of work); an emphasis on a warm, welcoming atmosphere; exuberant group classes; and, most attractive of all, an assortment of real-life bodies depicted in its advertising. “All are welcome” is the message. Check out this representative broadside against “Gymtimidation” for a taste of how Youfit rolls.
Is it possible that Youfit tries too hard? That seems to be the emotional subtext behind Cydney Halperin’s July 2018 class action suit against the chain, filed in the Southern District of Florida. Halperin alleges that Youfit, with what may be trademark exuberance, texted her twice in May 2018. “Youfits [sic] amazing $0 DOWN is back, but only for a short time…” the first text read.
$0 down? Who’s complaining? Well, Halperin is: She claims she never consented to receiving texts and had in fact been on the National Do Not Call Registry for nearly a decade before Youfit contacted her. In response, she filed a class action under the Telephone Consumer Protection Act (TCPA) seeking actual and statutory damages and injunctive relief.
The case moved swiftly toward mediation, which got underway in October 2018 and settled this May. The final agreement was approved just a year after the initial complaint was filed.
Class members who file will receive $7.50, for a total class payout of $1.4 million. If you weren’t a Youfit member and didn’t ask for texts from the gym but received one anyway between July 25, 2014, and May 15, 2018, you’re in the class.
Halperin and her class compatriots didn’t get everything they wanted. Youfit denied “each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation,” which fell short of the complaint’s request that the TCPA violation be acknowledged.
But we’re sure they issued that vehement denial with an enthusiastic air and an ingratiating smile. See you in Bang Power Dance class!
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