'Distracted, Frustrated, and Aggravated' Scottsdale Man Sues Over Junk Texts

An Anytime Fitness franchise
An Anytime Fitness franchise
Peter Heat, CC 2.0
Keep New Times Free
I Support
  • Local
  • Community
  • Journalism
  • logo

Support the independent voice of Phoenix and help keep the future of New Times free.

Everyone hates text message promos. But not everyone sues over them.

Then there's Randy Bergeron.

The Scottsdale personal trainer was so peeved over unsolicited texts allegedly sent from two Arizona  companies associated with Anytime Fitness, he took them to court.

Bergeron filed a federal class action lawsuit on Thursday claiming the businesses violated telemarketing laws when it sent him text messages without his prior written consent.

"Join Anytime Fitness for $1," the text read, adding that the the deal requires a yearlong commitment. "Text STOP to end."

Bergeron replied: "STOP." But the deals did not stop coming.

A second promotional text advertising the same deal popped up on his phone "within days of the first message." Bergeron was displeased.

"Plaintiff became distracted, frustrated, and aggravated as a result of receiving Defendants' SMS text messages," his lawsuit states.

His lawsuit also cites tweets from other apparent victims of Anytime Fitness promo texts, though it does not specify where the they live.

'Distracted, Frustrated, and Aggravated' Scottsdale Man Sues Over Junk Texts

The personal trainer claims the Anytime Fitness promo texts violate the Telephone Consumer Protection Act, which prohibits the use of automatic dialing systems for any nonemergency purpose without the recipient's prior consent.

Anytime Fitness, a Minnesota based franchiser, oversees more than 4,000 locations around the world. A spokesperson for the corporation declined to comment.

Bergeron's lawsuit specifically targets companies operating or intending to operate Anytime Fitness locations in the Valley. Ken Urakawa, the statutory agent for one of the companies, said he started the business "15 years ago" with the intention to open an Anytime Fitness, but that never happened. "We didn't do that. I haven't thought about it in 14 years," he said. The other business did not respond to a voicemail seeking comment.

Bergeron deferred questions to his attorneys, one from North Carolina, the other from Florida. Scott Harris, a North Carolina lawyer, declined to comment.

Keep Phoenix New Times Free... Since we started Phoenix New Times, it has been defined as the free, independent voice of Phoenix, and we would like to keep it that way. Offering our readers free access to incisive coverage of local news, food and culture. Producing stories on everything from political scandals to the hottest new bands, with gutsy reporting, stylish writing, and staffers who've won everything from the Society of Professional Journalists' Sigma Delta Chi feature-writing award to the Casey Medal for Meritorious Journalism. But with local journalism's existence under siege and advertising revenue setbacks having a larger impact, it is important now more than ever for us to rally support behind funding our local journalism. You can help by participating in our "I Support" membership program, allowing us to keep covering Phoenix with no paywalls.

We use cookies to collect and analyze information on site performance and usage, and to enhance and customize content and advertisements. By clicking 'X' or continuing to use the site, you agree to allow cookies to be placed. To find out more, visit our cookies policy and our privacy policy.


Join the New Times community and help support independent local journalism in Phoenix.


Join the New Times community and help support independent local journalism in Phoenix.