FORT LAUDERDALE, Fla. – A Florida woman is suing Peloton, the popular exercise equipment maker, alleging the company violated a federal law prohibiting telemarketing after sending her numerous unwanted text messages.
Plaintiff Alicia Armas, a Broward County resident, filed her complaint for a class action lawsuit June 27 in the U.S. District Court for the Southern District of Florida.
The named defendant, Peloton Interactive Inc., is headquartered in New York City. The exercise equipment and media company’s products include stationary bicycles, treadmills, and indoor rowers. The equipment, which rose to popularity amid the COVID-19 pandemic in 2020, is equipped with Internet-connected touch screens that stream both live and on-demand fitness classes through a subscription service.
“To promote its goods, services, and/or properties, Defendant engages in unsolicited text messaging and continues to text message consumers after they have opted out of Defendant’s solicitations,” the 13-page complaint states.
Armas, in her class-action filing, contends the company’s actions have resulted in “intrusion upon seclusion, invasion of privacy, harassment, aggravation, and disruption of daily life” for her and members of the proposed class.
The Telephone Consumer Protection Act of 1991 restricts telephone solicitations, or telemarketing, and the use of automated telephone equipment. In particular, the law limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages and fax machines.
The law permits any “person or entity” to bring an action to enjoin violations of the statute and/or recover actual damages or statutory damages ranging from $500 to $1,500 per violation.
“Telemarketing calls are intrusive,” the complaint states. “A great many people object to these calls, which interfere with their lives, tie up their phone lines, and cause confusion and disruption on phone records.
“The TCPA affords special protections for people who, like Plaintiff, request to be placed on a company’s internal do-not-call list.”
Armas, who uses her cell phone for personal reasons and as a residential phone line, contends she requested to opt-out of Peloton’s text messages in March 2025 by replying with a “stop” instruction.
However, Armas alleges the company ignored her request and continued to text message her. In all, Peloton sent about 12 marketing text messages after her initial stop request, her filing claims.
“Defendant does not honor consumer requests to opt-out of text message solicitations,” the class action complaint states.
Armas argues that Peloton’s refusal to honor her requests demonstrates it does not provide the proper training for employees engaged in telemarketing, and that it does not maintain a standalone do-not-call list.
The proposed class, according to the filing, includes:
“All persons within the United States who, within the four years prior to the filing of this lawsuit through the date of class certification, received two or more text messages within any 12-month period, from or on behalf of Defendant, regarding Defendant’s goods, services, or properties, to said person’s residential cellular telephone number, after communicating to Defendant that they did not wish to receive text messages by replying to the messages with a ‘stop’ or similar opt-out instruction.”
Armas believes there to be at least 50 individuals who fall within the proposed class definition. The exact number and identities are unknown but can be determined through discovery, according to the complaint.
The proposed class action seeks an order certifying the class; statutory damages; an order declaring Peloton’s actions violate the TCPA; and an injunction requiring the company comply with the federal law.
The Law Offices of Jibrael S. Hindi, based in Fort Lauderdale, is representing Armas and seeks to be named class counsel.
