Gerstenhaber v. Galleria Fitness Club, LLC, d/b/a Powerhouse Gym Fort Lauderdale
Case No. 0:18-cv-62108-CM (S.D Fla.)
If You Were Sent a Text Message from Galleria Fitness Club, LLC, d/b/a Powerhouse Gym Fort Lauderdale Defendants, You May Be Entitled to a Payment from a Class Action Settlement.
A federal court authorized this Notice. You are not being sued. This is not a solicitation from a lawyer.
•A Settlement has been reached in a class action lawsuit alleging that Defendant Galleria Fitness Club, LLC, d/b/a Powerhouse Gym Fort Lauderdale (“Galleria Fitness”) sent text messages to mobile telephone numbers without prior express written consent of the recipients in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). Defendants deny the allegations and any wrongdoing. The Court has not decided the merits of the claims.
•The Settlement offers payments to Settlement Class Members who file valid Claims.
•Your legal rights are affected whether you act or do not act.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM:
If you are a member of the Settlement Class, you must submit a completed Claim Form to receive a payment. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class, you will receive your payment by check. Please see Frequently Asked Question #8
You may request to be excluded from the Settlement and, if you do, you will receive no benefits from the Settlement, please see Frequently Asked Question #10
Ask to speak in court about the fairness of the Settlement.
You will not receive a payment if you fail to timely submit a completed Claim Form, and you will give up your right to bring your own lawsuit against Defendants about the Claims in this case.
•These rights and options—and the deadlines to exercise them—are explained in the Long Form Notice
•The Court in charge of this case still has to decide whether to approve the Settlement. If it does, and after any appeals are resolved, benefits will be distributed to those who submit qualifying Claim Forms. Please be patient.
Please Do Not Write or Call The Court or the Defendants With Questions About the Settlement. If You Have Questions, Please Call or Write the Settlement Administrator Using the Contact form
This website is authorized by the Court, supervised by counsel and controlled by, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Click here to safely and securely submit a Claim Form.
Monday, May 20, 2019
You must mail your request for exclusion form so that it is postmarked no later than May 20, 2019.
Monday, May 20, 2019
You must mail or serve your objection and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than May 20, 2019
Claim Form Deadline
Wednesday, June 5, 2019
Your Claim Form must be completed fully and accurately, signed under penalty of perjury, and submitted timely through the Settlement website or through mail postmarked by June 5, 2019.