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Man sues women-only gym over texts

Feb. 23, 2013 at 4:13 PM

NEW YORK, Feb. 23 (UPI) -- A New York City man has filed a lawsuit alleging a women-only gym violated federal law by sending him a text message about membership deals.

Alex Shiyan filed the class-action lawsuit against Lucille Roberts health club Friday in Manhattan federal court, the New York Post reported.

Lucille Roberts "knowingly and/or willfully" violated the Telephone Consumer Protection Act by using an "automatic telephone dialing system" to contact him without his permission, the suit says.

Shiyan said he received text messages from the gym that read: "1 Day Sale @ Lucille Roberts. just $5 to register and $15 a month NO CONTRACT."

He said the messages urged him to call the franchise operation's Irvington, N.J., branch, "Ask for Jessica and get a free gift when you join today!"

"It's a little funny," Shiyan said. "I mean, I'm definitely not the target market audience, so what are you going to do? I reached out to an attorney."

Shiyan's lawsuit is seeking damages of as much as $2,000 "for each and every text" received by him and potentially "thousands" of other men.

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