Lawsuit alleges operators failed to protect gym member despite prior hidden-camera incidents at Planet Fitness locations

A North Texas woman whom Frisco Police determined was secretly videotaped while nude inside a private tanning room at a Planet Fitness location in Frisco has filed a lawsuit against the companies that operate the gym.

The plaintiff, identified as Jane Doe to protect her privacy, is suing Excel Fitness Holdings, LLC, and Excel Fitness DFW 21, LLC, the owner and operator of the Planet Fitness location at 6951 Preston Road in Frisco.

According to the lawsuit, the plaintiff had been a member of the gym for more than seven years and regularly used its tanning facilities. During several of those sessions, while she was undressed inside a private tanning room, police say a male Planet Fitness member recorded her without her knowledge or consent.

According to an investigation by the Frisco Police Department, the Planet Fitness member accused in this incident had secretly recorded multiple women at the gym. Law enforcement recovered recordings depicting Planet Fitness members in various stages of undress.

“When a gym claims to provide a private room, customers have every reason to believe they will actually be private,” said attorney Rogge Dunn, founder of the Rogge Dunn Group, who represents the plaintiff. “Women should not have to worry about being secretly recorded in tanning and changing areas, and these owners should have taken reasonable steps to protect their customers, including our client.”

Mr. Dunn and his client discuss the case here.

The lawsuit alleges that the gym operators failed to protect members despite a history of similar incidents involving hidden cameras and secret recordings at Planet Fitness locations across the country. The secret video recording incidents involved more than 55 women in Alabama, California, Illinois, Kentucky, Missouri and North Dakota dating back more than a decade.

Excel Fitness is accused of failing to implement adequate safeguards against voyeurism and unauthorized recording, properly inspect and secure tanning areas, train employees to recognize suspicious activity and warn members about known or foreseeable risks.

The claims in the lawsuit include negligence, gross negligence and invasion of privacy. The plaintiff is seeking more than $1 million in monetary relief, including compensatory and punitive damages, and requests a jury trial.

The case Jane Doe vs. Excel Fitness Holdings, LLC, and Excel Fitness DFW 21, LLC was filed in the 471^st Judicial District Court of Collin County, Texas. The cause number is 471-08184-2026.

About Rogge Dunn Group

Rogge Dunn Group has built a well-deserved reputation for aggressive litigation, outstanding results and attentive client service. Mr. Dunn has won more than $2 billion in net settlements and verdicts for his clients. In 2020, The National Law Journal awarded the Rogge Dunn Group the Elite Trial Lawyers Law Firm of the Year award for gender discrimination cases. Based in Dallas, the firm tries cases in state and federal courts in Texas and throughout the United States. Learn more about the firm at www.roggedunngroup.com.

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