Anytime Fitness Robocall TCPA Lawsuit, What Members Need to Know About Automated Voicemail Messages
Anytime Fitness has faced legal action over alleged violations of the Telephone Consumer Protection Act involving automated marketing messages sent to consumers without proper consent. If you received unsolicited texts or voicemails promoting Anytime Fitness memberships, you need to understand your rights under federal robocall laws.
A 2019 class action lawsuit claimed the gym chain sent promotional text messages to thousands of consumers using automated dialing systems without obtaining written permission. While the public lawsuit focused on text messages, fitness centers increasingly face scrutiny over all forms of automated contact including prerecorded voicemail messages.
This Affects You If You Received Marketing Messages From Anytime Fitness
Understanding TCPA rights matters because fitness centers routinely use aggressive marketing tactics that may cross legal lines. You have federal protections against unwanted robocalls and automated messages, even from businesses you’ve interacted with before. Knowing what violations look like helps you recognize when companies overstep boundaries and what compensation you might be entitled to receive.
What Is the Anytime Fitness TCPA Lawsuit About?
The 2019 Text Message Class Action
An Arizona resident filed a federal class action in 2019 alleging Anytime Fitness sent unsolicited promotional text messages to his cell phone. The plaintiff claimed he never provided his phone number to the company and never authorized them to contact him. The texts advertised a $1 membership promotion requiring a one-year commitment.
According to the complaint, Anytime Fitness violated TCPA by using an automatic telephone dialing system (autodialer) to contact consumers without obtaining their prior express written consent. The lawsuit specifically targeted Arizona companies operating or intending to operate Anytime Fitness franchises.
What TCPA Prohibits
The Telephone Consumer Protection Act is a federal law enacted in 1991 to protect consumers from unwanted telemarketing. Under TCPA, companies cannot use automated dialing systems or artificial voice messages to call cell phones without your prior express consent. This includes prerecorded voicemail messages dropped directly into your voicemail box.
TCPA requires businesses to obtain written permission before making marketing calls or texts using automated technology. The law applies to any nonemergency commercial calls to cell phones, whether they’re answered or go straight to voicemail.
What “Unsolicited Prerecorded Voicemail Messages” Mean
Automated voicemail messages are recordings left on your voicemail without live human interaction. Companies use technology that connects directly to voicemail servers and drops prerecorded messages into your inbox. These “ringless voicemails” bypass actually calling your phone but still violate TCPA if sent without consent.
Marketing messages delivered through automated systems promoting gym memberships, personal training packages, or special offers all fall under TCPA restrictions. Even if your phone doesn’t ring, receiving an automated promotional voicemail without consent can be a violation.
How Fitness Centers Violate TCPA With Automated Messages
Common Marketing Tactics That Break the Law
Gyms and fitness centers often use third-party marketing companies that employ automated calling systems to generate leads. These systems blast thousands of prerecorded messages promoting membership deals to phone numbers purchased from data brokers.
The messages typically advertise limited-time offers, discounted memberships, or free trial periods. Companies claim the urgency justifies aggressive outreach, but federal law doesn’t allow marketing convenience to override consumer protection.
Why Prior Express Written Consent Matters
TCPA requires “prior express written consent” for marketing calls using autodialers or prerecorded voices. This means companies need your signature or electronic agreement that specifically authorizes them to contact you using automated technology.
Verbal consent doesn’t count. Casual interactions like asking about membership information at a gym don’t automatically give them permission to robocall you. Even current or former members must explicitly consent in writing to receive automated marketing messages.
How Autodialers and Prerecorded Systems Work
An automatic telephone dialing system stores or produces phone numbers using random or sequential number generation, then dials those numbers. Prerecorded voice systems play recorded messages when someone answers or leave them in voicemail boxes.
Companies use these technologies because they’re cheap and efficient, enabling businesses to contact thousands of people daily with minimal staff. But efficiency doesn’t excuse violating consumer protection laws designed to prevent exactly this kind of mass automated outreach.
Who Can Be Part of TCPA Lawsuits Against Fitness Centers?
Class Action vs. Individual Lawsuits
TCPA class actions allow multiple consumers who received similar illegal calls to join together in one lawsuit. Class certification defines who qualifies based on factors like what messages they received, during what time period, and whether they gave consent.
You can also file individual TCPA lawsuits if you prefer. Individual cases sometimes result in higher per-call awards and give you more control over legal strategy, but require hiring your own attorney. Class actions offer shared legal costs and guaranteed compensation structures if the case settles or wins.
What You Need to Prove You’re Affected
To have a valid TCPA claim, you need evidence showing you received automated calls or messages without consenting. Save voicemail recordings, document dates and times of calls, and check your phone records for numbers that called you.
You’ll need to show the company used automated technology, the messages promoted commercial products or services, they contacted your cell phone, and you never gave written consent. Even one illegal call can be a violation worth $500 to $1,500 in statutory damages.
Potential Compensation for TCPA Violations
TCPA provides statutory damages of $500 per violation. If the court finds violations were “willful or knowing,” damages increase up to $1,500 per call. You don’t need to prove actual harm or financial loss—just that the violation occurred.
If you received multiple illegal calls, penalties stack. Ten unauthorized robocalls could mean $5,000 to $15,000 in potential damages. Class action settlements typically result in lower per-person amounts but don’t require you to hire your own lawyer or prove your case individually.
What You Must Know About TCPA and Robocall Rights
Understanding Federal Protections Against Unwanted Calls
TCPA gives you powerful tools to fight robocalls. Companies face strict liability, meaning you only need to prove the call happened and consent wasn’t obtained. You don’t have to show the calls harmed you or that the company intended to break the law.
The statute has a four-year limitations period from the date of the last violation. This means recent calls are most valuable for legal action. If a company called you three years ago and stopped, you still have time to pursue a claim.
Why Fitness Centers Face TCPA Lawsuits
Gyms compete intensely for members and often employ aggressive marketing tactics. Many use third-party lead generation companies that purchase phone lists and blast automated messages to thousands of numbers, frequently without verifying consent.
Membership retention campaigns can also create TCPA liability. Automated billing reminders, membership renewal calls, or personal training promotions to existing members still require consent if delivered through robocalling systems.
Your Rights Under TCPA
You can revoke consent at any time by texting STOP, calling to request removal, or sending written notice. Once you revoke consent, the company must stop contacting you within 10 business days.
You have the right to sue for violations in federal or state court, seek statutory damages without proving actual harm, and stop unwanted calls immediately. Companies cannot retaliate against you for exercising these rights.
How TCPA Cases Typically Progress
From Filing to Settlement
TCPA lawsuits usually follow predictable stages. First, plaintiffs file complaints alleging specific violations with evidence like call logs and recordings. Defendants often file motions to dismiss arguing plaintiffs lack standing or consent existed.
Discovery follows if the case isn’t dismissed. Both sides exchange evidence including internal company calling policies, vendor contracts, consent forms, and call volume data. This phase often reveals the scope of violations and number of affected consumers.
What Class Certification Means
For class actions, plaintiffs file motions seeking class certification. Courts evaluate whether common questions exist, if the named plaintiff adequately represents the class, and if a class action is the best way to resolve the case.
Class certification dramatically increases pressure to settle because potential damages multiply by thousands or millions of calls. Companies facing certified class actions often negotiate settlements rather than risk enormous verdicts at trial.
Recent TCPA Litigation Trends
TCPA lawsuits have surged dramatically. Filings nearly doubled in 2025 compared to 2024, driven by increased consumer awareness and aggressive plaintiff attorneys. Fitness centers like Orangetheory, LA Fitness, and Planet Fitness have all faced TCPA class actions over unsolicited texts and calls.
Average TCPA class action settlements reach $6.6 million, though amounts vary based on violation numbers and evidence strength. Some high-profile cases have settled for tens of millions when evidence shows widespread consent violations affecting hundreds of thousands of consumers.
What to Do If You Received Unwanted Voicemails From Anytime Fitness
Document Everything Immediately
Save any voicemail recordings from Anytime Fitness or gym marketing calls. Note dates and times in your phone records. Screenshot text messages if you received those too. This evidence becomes critical if you pursue legal action.
Check your phone bill or online account for call logs showing when numbers contacted you. Request detailed records from your carrier if necessary. Document whether you were a member or non-member when calls occurred.
Check If You’re Part of Existing Litigation
Search federal court records using PACER for pending Anytime Fitness TCPA cases. Look for class action websites created by plaintiff attorneys handling these cases. If class certification was granted, you might automatically be included as a class member.
Contact law firms that handle TCPA cases to ask about pending litigation. Many TCPA attorneys offer free consultations and work on contingency fees, meaning you don’t pay unless you recover compensation.
Stop Future Unwanted Calls
Send written notice to Anytime Fitness revoking any consent to receive calls or texts. Register your number on the National Do Not Call Registry at donotcall.gov, though this won’t stop companies you have existing relationships with.
Block numbers that called you using your phone’s built-in blocking features. If calls continue after you’ve revoked consent, file complaints with the FCC at consumercomplaints.fcc.gov. Continued calling after opt-out requests strengthens TCPA violation claims.
Understanding Your Legal Options
Filing Your Own TCPA Lawsuit
You can file individual TCPA lawsuits even if class actions exist, though you’d need to opt out of any pending class case. Individual suits let you pursue maximum damages but require hiring your own attorney and proving your case.
TCPA attorneys typically work on contingency, taking a percentage of recovery as their fee. Free consultations let you evaluate your case’s strength before committing. Strong cases with clear consent violations and multiple calls have better settlement potential.
What TCPA Lawyers Provide
Experienced TCPA attorneys evaluate whether you have standing to sue, calculate potential damages based on call volume, gather evidence proving violations occurred, and negotiate with defendants or litigate if necessary.
They understand technical TCPA requirements like proving automated dialing systems were used and consent wasn’t obtained. This expertise is crucial because defense attorneys aggressively challenge TCPA claims on technical grounds.
Timeline Considerations
The TCPA’s four-year statute of limitations runs from the date of the last violation. Don’t wait years to pursue claims because evidence fades and legal rights expire. Class action deadlines may differ from individual lawsuit timeframes.
If you join a pending class action, watch for settlement approval notices and claim deadlines. Missing deadlines can forfeit your right to compensation even if you qualified as a class member.
Where to Find Reliable Information
Official Court Records
Search PACER (pacer.gov) for federal court filings by searching “Anytime Fitness” and “TCPA” as keywords. Federal district court dockets show complaints, motions, orders, and settlement documents in pending cases.
Court records provide the most authoritative information about litigation status, class certification decisions, and settlement terms. Be prepared to pay small fees for accessing and downloading court documents through PACER.
Plaintiff Law Firm Resources
Law firms handling TCPA class actions often maintain websites with case updates, FAQs, and claim forms. Search for “Anytime Fitness TCPA lawsuit” plus “law firm” to find attorneys actively litigating these cases.
Contact information for class counsel appears in court filings and settlement notices. Calling these firms directly can answer questions about whether you qualify and what steps to take next.
FCC Consumer Resources
The FCC’s Consumer Complaint Center (consumercomplaints.fcc.gov) handles robocall violation reports. Filing FCC complaints creates official records documenting unwanted calls, which can support legal action.
The FCC publishes guides explaining TCPA rights, Do Not Call registry information, and current robocall enforcement actions. These resources help you understand your protections and how to exercise them.
Frequently Asked Questions
What is the Anytime Fitness TCPA lawsuit about?
A 2019 class action alleged Anytime Fitness sent unsolicited promotional text messages to consumers using automated dialing systems without proper written consent, violating federal telecommunications law. The lawsuit targeted Arizona-based franchises but highlighted broader concerns about fitness center marketing practices.
Can I join the lawsuit if I got voicemails from Anytime Fitness?
It depends on whether active litigation exists and if you meet class definitions. The 2019 case focused on text messages specifically. If you received automated voicemails without consenting, you might pursue individual claims or join future class actions if they’re filed. Consult TCPA attorneys to evaluate your situation.
How much money can I get from a TCPA lawsuit?
TCPA provides $500 per violation, up to $1,500 if violations were willful. If you received ten illegal robocalls, that’s $5,000 to $15,000 in potential statutory damages. Class action settlements typically pay less per person but don’t require individual litigation. Average class action settlements reach $6.6 million total.
What did Anytime Fitness do that violated TCPA?
The lawsuit alleged Anytime Fitness used automated dialing systems to send promotional messages to cell phones without obtaining prior express written consent. The messages advertised $1 membership deals and continued even after recipients requested to stop receiving them.
Do I need to be an Anytime Fitness member to be part of the lawsuit?
No. TCPA protects everyone from unwanted robocalls regardless of whether you’re a customer. The 2019 plaintiff was never an Anytime Fitness member and never provided his phone number to the company. Non-members who receive illegal marketing calls have the same TCPA rights as members.
How do I prove I received illegal robocalls?
Save voicemail recordings, document call dates and times, check phone records for incoming numbers, and screenshot text messages if applicable. Request detailed phone logs from your carrier. Note whether you gave written consent to receive automated calls. Even without recordings, phone records showing calls occurred can support claims.
What is TCPA and why does it matter?
The Telephone Consumer Protection Act is federal law protecting consumers from unwanted telemarketing calls and texts. It prohibits companies from using automated dialing systems or prerecorded voices to call cell phones without prior written consent. TCPA provides statutory damages without requiring proof of actual harm, giving consumers powerful tools against robocallers.
When will the Anytime Fitness lawsuit be settled?
The 2019 text message case’s current status isn’t publicly available. TCPA class actions typically take one to three years from filing to settlement. Check PACER for recent court filings or contact plaintiff attorneys handling TCPA cases against fitness centers for updates on pending litigation.
Pro Tip: If you received automated voicemails from gyms or fitness centers, save those recordings immediately. Courts treat saved voicemail evidence as powerful proof of TCPA violations. Don’t delete them—they could be worth hundreds or thousands of dollars in statutory damages.
Last Updated: January 13, 2026 — We keep this current with the latest legal developments
Disclaimer: This article provides general information about Anytime Fitness faces TCPA lawsuit over unsolicited prerecorded voicemail messages and related telecommunications law violations. Information is based on publicly available court documents and legal filings, which may change as litigation proceeds. AllAboutLawyer.com is an informational resource and does not represent any party in legal proceedings. We do not provide legal services or advice. For specific legal questions about your situation, consult a qualified TCPA attorney who can evaluate your individual circumstances and recommend appropriate action.
Related: Learn more about your rights under federal robocall laws in our guide to Kaiser Caught Sharing Your Medical Data With Google And Microsoft, Massive $47.5M Settlement Revealed On Kaiser Class Action Lawsuit, Here’s How Much You Could Get
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About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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