Lawsuit Filed against New England Fat Loss Headed to Mediation
Tuesday, October, 8, 2019
Mediation will hopefully resolve the class action lawsuit filed in federal court against New England Fat Loss, a weight loss clinic in Boston. According to the complaint, the clinic was calling and texting people who were listed on the national do not call registry to solicit its services.
The mediation is scheduled to take place in June 2020.
The lawsuit was originally filed by David Gaffin and Christian Lopez on behalf of those who were contacted by the company despite their presence on the do not call list. The lawsuit alleges that New England Fat loss violated consumer-privacy provisions of the Telephone Consumer Protection Act by sending telemarketing calls and texts to cell phones, including those owned by Gaffin and Lopez. The lawsuit further accuses the company of calling people on the national do-not-call list.
According to the lawyer representing Gaffin, "The calls were also made to some individuals despite their presence on the National Do Not Call Registry. The Plaintiffs never consented to receive the calls, which were placed to them for telemarketing purposes."
The company has long been recognized for its aggressive marketing efforts, including persistent radio commercials that air throughout Boston. It operates clinics throughout the area, including Auburn, Hopkinton, Newton, North Andover, Lakeville and Longmeadow. There was no comment issued by the company in response to the announcement that parties involved in the lawsuit will enter mediation. The company originally denied any wrongdoing in its initial response to the lawsuit.
The lawsuit is expected to be resolved in mediation, but could return to court if the process is unsuccessful.