KISSIMMEE, Fla. — A woman said an Osceola County gym was harassing her with unwanted robotic calls and text messages.
In a lawsuit, she claims the Orangetheory Fitness on West Osceola Parkway made about 120 calls and sent 50 text messages after she asked the company to stop contacting her.
After Maria Lopez stopped working out at the Kissimmee gym, she said the calls and texts started coming in, claiming she had an outstanding debt.
The federal lawsuit shows that in May of last year, she got someone from the company on the phone and told them she was aware of her obligation to pay and demanded that the calls and messages stop.
Lopez said that after the conversation, she received about 120 calls and about 50 text messages over the next seven months.
Lopez is suing under a section of the federal telephone protection act that says robocalls to a cellphone without consent are illegal.
"Businesses are not able to call cellphones in order to advertise. It's a little more gray when they are calling to collect," said attorney Josh Tejes.
Tejes isn't involved in the case, but said even though Lopez asked for the calls to stop, the harassment claim might be a tough sell since she also gave the company her number when she signed up.
But Lopez is also suing under the "Florida Consumer Collection Practices Act," which was designed to protect consumers from creditors' threats or harassment.
Tejes said she might have a claim if a judge believes that the calls and messages were intended to harass her.
The owner of the gym has not replied to Channel 9’s request for comment.
Cox Media Group
