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Men sue over unwanted text messages from company promising to help them burn unwanted calories

In a federal lawsuit against the company, Gaffin, who said he once used the company's services, says he never consented to let the company send him text messages, as required by the FCC, and that he had registered his phone with a national Do Not Call registry more than ten years ago. So he says he was surprised to get text messages from the company, via an automated service, on April 10 and April 12, offering an alleged $999 deal for "former clients."

Lopez says he got similar messages on his phone.

"The calls were an annoying, harassing nuisance," their complaint says, adding, "The calls occupied their cellular telephone lines, rendering them unavailable for legitimate communication."

The two are seeking up to $1,500 for each message - and the right to be lead plaintiffs in a class-action suit against the company, according to their complaint, filed in US District Court in Boston this week by their three attorneys.

Free tagging: 
PDF icon Complete complaint322.68 KB


As far as I know, we're not related.


I received a text last night from an unknown number, saying they were interested in buying my condo, and it mentioned the specific unit number. My place isn't listed for sale. I said they can send me a snail mail or go through my realtor because I don't respond to anon texts. No response.

But good luck trying to find a lawyer to represent you for one text message.

Good luck trying to find the caller. Most of the phishing calls I get on my cell spoof their numbers to be from my exchange. I know this because my cell's exchange is not a number I've ever seen elsewhere. They're trying to make me think they're local, when they are actually far away.

That's one of many reasons why leaving enforcement to private lawsuits is a terrible way to solve the problem.

I got one of those, too, a couple of times and I don't even live in the condo because it is a rental property. Very creepy. I just ignore. Would never to business with someone like that.

I said they can send me a snail mail or go through my realtor because I don't respond to anon texts.

So you responded to an anonymous text, to let them know that you don't respond to anonymous texts. Okay, got it.

I do get texts like that out of nowhere too. It's creepy.

before, then their calls and texts to his phone are exempt from Do Not Call and, I believe, the requirement to obtain permission to send messages as well.

He's a former client, so how could this be actionable? Also, the whole line about "The calls occupied their cellular telephone lines, rendering them unavailable for legitimate communication." is just total BS.

That's a very big IF.

I get nuisance calls from the same people all the time - different number, same recording. I have never done business with them. I also dressed down a caller from a chimney sweep company who kept calling since I'm on the "do not call" list. They claimed that I was a prior customer - I know goddamn well that I hadn't been. Then they tried to pull the "but the people who lived there before ...". Bullshit.

Spam is out of control.

Gaffin, who said he's once used the company's services

Do I need to elaborate?

Is as American as apple pie. Just block the number and move on with life.

Spam calling is out of control. If you are on the "do not call" list they have no business bothering you.

This has to be enforced somehow. A lawsuit may be one of the only ways.


Block the number and go on with your life. This is a contrived cash grab like most other petty lawsuits.

... are not usually the real numbers of the spam callers -- they are fake numbers (usually of real people/businesses who have no connection to the caller) used to hide the real caller. So blocking those numbers doesn't help a bit.


One of the "numbers" they called from was my son's - the only reason I answered it. They happen to hit it at random as they were picking from the same exchange. This is called spoofing.

Blocking it would make no difference - they would call from a different number in that exchange the next time and I wouldn't be able to call my son.

If you aren't getting these calls, you must still be using an 80's car phone or something.


Demanding unjustified monetary payments does not. It's also why the courts are clogged with so many of these actions. Despite what that average person is led to believe, the only ones who get rich off of lawsuits like this are the lawyers.

Tell us oh wise one who likes to make up legal stuff: HOW do you enforce the Do Not Call list otherwise.

Surely you can make up some nonsense that sounds "sensible" but carries no legal weight here. Got a reputation to defend!

The impression I get from the Web is that the DNC list is useless. Not only is it almost completely unenforced, to the point that phishers ignore it, but some of them use it as a source of working numbers to call. Nice idea, but no teeth.

My friend blocked a texter who sent him unsolicited messages about a health insurance quote. They kept texting him from all different numbers many more times this week, all of which he blocked immediately.

Your Randian view is ignorant of the technological beast behind this illegal and obnoxious activity.

Sure it is a problem, I just don't think the way to resolve it is by suing. But this is America so people are constantly looking for any reason to sue and get some cash.

$1500 is piddly. I can't answer my phone anymore as I get dozens of spam calls everyday with numbers faked. I block the number and a new one comes in. Its endless. The courts are there to enforce laws, suing is what you do when you have a civil issue that you need addressed. What alternative would you suggest, since our so called government is out to lunch?

But multiply that by a few thousand (the plaintiffs want to make this a class action) and you're talking a good chunk of change.

Every business that invites you to text them always has this whole disclaimer about "text and data rates may apply". Is that something they are required by law to do? Is there even one person who doesn't understand that sending or receiving a text might cost you a tiny amount of money (and these days very few people still pay for each text anyway.)

It's called covering your arse.