TCPA · Lawsuit Filed

LA Fitness Sued Over Marketing Texts That Allegedly Kept Coming After STOP

Published September 25, 2026

People who replied STOP to LA Fitness marketing texts and kept receiving them may be covered by a proposed class action alleging Fitness International LLC, which does business as LA Fitness, ignored those opt-out requests in violation of the Telephone Consumer Protection Act. No class has been certified and there is nothing to file yet.

LA Fitness TCPA class action lawsuit over marketing text messages sent after a STOP opt-out request
A TCPA complaint alleges LA Fitness marketing texts continued after a STOP reply.
▼ Allegations Only · No Settlement Yet

This article describes a class action complaint. The statements below are unproven allegations. Fitness International LLC has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.

What Is This About?

A proposed class action accuses Fitness International LLC, the Orange County, California company that operates LA Fitness gyms, of continuing to send marketing text messages to people who had replied STOP. The complaint, Bahar v. Fitness International LLC d/b/a LA Fitness (Case No. 8:26-cv-02597, U.S. District Court for the Central District of California), was filed on September 14, 2026 in the court's Southern Division, which covers the county where the company is headquartered.

The plaintiff alleges he replied with a stop instruction on or about July 30, 2026, and that LA Fitness sent at least two more marketing texts afterward, including one on August 25, 2026. The suit brings a single count under the TCPA's do-not-call provisions, 47 U.S.C. § 227(c), and the FCC rule that requires companies to keep and honor an internal do-not-call list. LA Fitness has not yet responded to the complaint, and the allegations are unproven.

Status Complaint Filed · September 14, 2026 Bahar v. Fitness International LLC · U.S. District Court, C.D. California (Southern Division)
Core Allegation Marketing texts continued after a STOP reply Alleged violation of 47 C.F.R. § 64.1200(d) — internal do-not-call list, written policy and staff training
Potential Damages Up to $500–$1,500 per violation Statutory range under 47 U.S.C. § 227(c)(5) if plaintiffs prevail; the higher figure requires a finding of willful or knowing conduct. Nothing has been awarded
Can I Claim? No — nothing to claim yet No settlement, no fund, no claim form; no class has been certified

What the Lawsuit Alleges

The complaint is short and turns on one sequence. According to the filing, the plaintiff was receiving LA Fitness promotional texts on the cell phone he uses as his personal line, replied with a stop instruction around July 30, 2026, and kept getting marketing messages anyway. The complaint includes screenshots of the exchange and says one of the later texts arrived on August 25, 2026 — nearly four weeks after the opt-out, well past the 10-business-day window the FCC's rules allow.

From that, the complaint draws broader inferences: that LA Fitness has no working procedure for recording opt-out requests, no written do-not-call policy available on demand, no standalone internal do-not-call list, and no training for the staff who run its text marketing. The complaint concedes that the details of those alleged failures are within the company's own knowledge and would have to come out in discovery, along with the outbound message logs that would show who received texts after opting out.

Those are allegations built from one person's messages, not findings. A company facing this kind of claim can argue, among other things, that the texts were not telemarketing, that the opt-out was processed within the time the rules allow, or that the plaintiff consented again later.

What the Rules Require After You Text STOP

The claim is not the TCPA's better-known autodialer provision. It rests on 47 U.S.C. § 227(c), which lets a person sue after receiving more than one violating message within 12 months, and on 47 C.F.R. § 64.1200(d), which sets minimum standards for any company that markets by phone: a written do-not-call policy, training for telemarketing staff, and recording each do-not-call request and honoring it within a reasonable time that may not exceed 10 business days.

Section 64.1200(e) extends those standards to calls and texts sent to wireless numbers, which is how a texting complaint becomes a do-not-call case. An FCC rule in force since April 2025 also says a reply such as "stop" is a reasonable way to revoke consent to marketing messages. Whether LA Fitness met these requirements is what the case would have to decide.

Who the Proposed Class Covers

The complaint proposes one nationwide class: people in the United States who, from four years before the filing through class certification, received two or more texts within a 12-month period from or on behalf of LA Fitness about its goods or services, on a residential cell number, after replying STOP or a similar opt-out instruction.

LA Fitness's own employees and agents are excluded. The complaint says the class includes at least 50 people but does not know the actual number, which would come from the company's records. No class has been certified, and the definition could be narrowed, expanded or rejected as the case goes on.

Where the Case Stands Now

The case is at its earliest stage. The complaint was filed on September 14, 2026, and asks for statutory damages, a declaration that the practices violate the TCPA, and an order requiring LA Fitness to keep a written do-not-call policy, train its staff and maintain a do-not-call list. It also demands a jury trial. LA Fitness's first response — typically an answer, a motion to dismiss or a motion to compel arbitration based on membership terms — had not been filed as of publication.

The suit is separate from the Federal Trade Commission's August 2025 case against the operators of LA Fitness, which concerns how members cancel their memberships rather than text messages. That case is also pending and its allegations are unproven; we cover the cancellation issue in why canceling a subscription is easier in California.

Is There a Settlement or Claim Form?

No. This is a newly filed lawsuit, not a settlement. There is no fund, no claim form, no payout and no deadline. For money to reach anyone, the case would have to survive LA Fitness's early motions and win class certification, then settle or prevail at trial — a process that takes years and often fails.

What is worth doing now is keeping a record. If LA Fitness texted you after you replied STOP, screenshots showing the sender, the dates, your opt-out and any messages that followed are the evidence that would matter later. For the broader pattern, see our guide to marketing texts that keep coming after an opt-out and the claimable cases on our TCPA class action hub.

Read the Complaint (PDF)

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Questions

Is there an LA Fitness text message settlement or claim form?

No. This is a class action complaint filed on September 14, 2026, not a settlement. There is no settlement fund, no claim form, no payout and no deadline. LA Fitness has not been found liable, no class has been certified, and there is nothing to claim at this time.

Who would the proposed class cover?

People in the United States who, from four years before the September 14, 2026 filing through class certification, replied STOP or a similar opt-out to LA Fitness marketing texts and then received two or more further texts from or on behalf of LA Fitness within a 12-month period on a residential cell number. The definition has not been approved by the court and could change.

Is this the same as the FTC's LA Fitness cancellation case?

No. The FTC sued the operators of LA Fitness in August 2025 over how members cancel their memberships, and that case is pending with the allegations unproven. This private complaint is about marketing texts sent after an opt-out and the TCPA's do-not-call rules only.

How much does the TCPA allow per text after an opt-out?

For claims under 47 U.S.C. § 227(c)(5), the statute provides up to $500 per violation, which a court may raise to as much as $1,500 per violation on a finding of willful or knowing conduct. Those are statutory amounts available only if plaintiffs prevail, not a current payout.

Sources

• Court records — Anthony Bahar v. Fitness International LLC d/b/a LA Fitness, No. 8:26-cv-02597, Class Action Complaint (C.D. Cal., filed September 14, 2026).
• Class Action Complaint (PDF)
• 47 C.F.R. § 64.1200 — FCC telemarketing and do-not-call rules
• Federal Trade Commission — suit against the operators of LA Fitness (August 2025)
• National Do Not Call Registry

For more class actions keep scrolling below.
Status Complaint Filed — Allegations Only
Case Title Anthony Bahar v. Fitness International LLC d/b/a LA Fitness
Case Number 8:26-cv-02597
Court U.S. District Court, C.D. California (Southern Division)
Date Filed September 14, 2026
Defendant Fitness International LLC d/b/a LA Fitness
Claims TCPA, 47 U.S.C. § 227(c) · 47 C.F.R. § 64.1200(d)

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