SoulCycle Headed For Spin In Court Over Alleged Invasive And Aggressive Text Messages

SoulCycle’s customer communications has the company pedaling straight into a lawsuit that accuses the fitness giant of harming consumers, not with sore muscles from spinning on a bike, but from receiving harassing, aggravating, and disruptive text messages.

The lawsuit alleges the company violated the national Telephone Consumer Protection Act, enacted to protect consumers’ privacy and prevent unwanted communication on their private lines by sending unwanted text messages.

SoulCycle accused of ignoring do-not-call requests

Philadelphia resident Ian DiFalco filed the proposed class action lawsuit after the company continued to text him earlier this year after he’d followed their opt-out guidelines. In the lawsuit, he says SoulCycle’s “illegal conduct” has resulted in “the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”

“[SoulCycle] engages in aggressive telephonic sales calls to consumers with no regards for consumers’ rights under the TCPA, even after customers request Defendant to stop texting them,” he argues.

Because DiFalco’s request for contact to cease was ignored, he said he believes the fitness giant doesn’t have a written policy for maintaining an internal do not call list, which is required by law. He is seeking up to $1,500.00 for each message in violation of the TCPA,

The FCC and unwanted calls

According to the Federal Communications Commission, unwanted calls are the top consumer complaint and the agency’s top consumer protection priority. The agency has issued hundreds of millions of dollars in fines against illegal robocallers, made it easier for phone companies and consumers to block unwanted calls, made consumer complaint data more readily available to enable better call blocking and labeling solutions, and more to combat the issue.

To avoid unwanted calls the commission recommends:

• Don’t answer calls from unknown numbers
• If the caller asks you to hit a button to stop getting calls, hang up
• Do not respond to questions, especially ones answered with yes
• Never give out personal information 
• Register on the Do Not Call list
• Talk to your phone company about robocall blocking technology

Past consequences for TCPA violations

Violations of the TCPA have led to some serious losses for major companies. 

• National Grid had to pay $38.5 million to consumers to resolve a lawsuit accusing it of violating the law with pre-recorded phone calls

• California company Stoneledge Furniture had to pay $4 million (or $10 million worth of vouchers) for sending unsolicited text messages to consumers. 

• Bath Saver Inc. and franchisee Bath Fitter created a $1.95 million settlement fund to resolve a class action lawsuit alleging violations of the TCPA.

• Shoe retailer Journeys paid $855,000 to consumers over its telemarketing texts. Qualifying consumers each got a cash payment of up to $161.47.

Meanwhile, other companies, including Keller Williams Realty and Carvana, are still in court fighting claims of violations. 

DiFalco wants to represent people from across the country who have been sent telemarketing texts by the realty firm. He is seeking injunctive relief, as well as damages.

The plaintiff and class are represented by Andrew Shamis of Shamis & Gentile P.A.

The SoulCycle text messaging proposed class action lawsuit is DiFalco v SoulCycle LLC, Case No. 1:24-cv-03103 in the U.S. District Court for the Southern District of New York.