![]() ![]() No Liability For Response Texts, Even If They Don’t Opt You Out Jbho: consent is dispositive – your best defense! Thus plaintiff consented to all five texts. On Text 4, the court determined an invitation to visit a social media site was not “ material which specifically advertises ‘the commercial availability or quality of any property, goods, or services,’ nor did it constitute ‘the initiation of a … message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services … ‘” In the context of plaintiff’s membership, Text 3 was also informational, as it merely encouraged plaintiff to take advantage of the personal training services he had already paid for. The court ruled texts 1, 2, and 5 were clearly informational. This constituted consent to receive informational texts. Although plaintiff did not expressly consent in writing to receive the texts, he provided his cell phone number on the gym applications. The court noted that plaintiff had signed contracts to join the gym and its personal training program. “ Dear member, Did you know that we have a blog? Each month we post workout tips, testimonials and much more!“.“ Follow us on social media! Facebook ( Y8m7okwe) Instagram ( ).”.“ Dear member, Become your best self with our Personal Trainers.“ Dear member, We offer a variety of classes and small group training.“ Dear member, Welcome to Riviera Fitness! Where your fitness is our strength.Messages Promoting The Availability of Paid-For Services Not Marketingĭismissed – French Riviera Health Spa allegedly sent unsolicited (ATDS) text messages to plaintiff’s mobile. ![]()
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