Canceling Gym Membership Doesn’t Revoke Consent to Texts

A gym isn’t liable for sending unsolicited texts to former members who failed to revoke their consent to be texted when they quit the gym, a federal appeals court affirmed Jan. 30 (Van Patten v. Vertical Fitness Grp., LLC, 2017 BL 26058, 9th Cir., No. 14-55980, 1/30/17).

For Telephone Consumer Protection Act purposes, the scope of a consumer’s consent depends on the context in which the consent is given, the U.S. Court of Appeals for the Ninth Circuit held.

By providing his phone number while signing up for a gym membership, class action plaintiff Bradley Van Patten consented ...