Lawsuit Against New England Fat Loss Goes To Mediation

NORTH ANDOVER, MA — A lawsuit filed in federal court in Boston accusing a weight-loss clinic of calling and texting people on the national do-not-call list is heading to arbitration. Plaintiffs David Gaffin and Christian Lopez filed their lawsuit against New England Fat Loss in May. The mediation is scheduled for next June.

New England Fat Loss is perhaps best known for its persistent radio commercials on the greater Boston airwaves. The company operates clinics in Auburn, Hopkinton, Newton, North Andover, Lakeville and Longmeadow. A spokesperson for the company was not immediately available for comment Friday morning.

The class-action lawsuit claims 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 also accuses the company of calling people on the national do-not-call list.

"The calls were also made to some individuals despite their presence on the National Do Not Call Registry, such as the Plaintiff Gaffin," the original complaint said. "The Plaintiffs never consented to receive the calls, which were placed to them for telemarketing purposes."

In its answer to the original complaint, New England Fat Loss denied any wrongdoing.