Personal Trainer
Brittany Dawn FitnessInformation and Alerts
Alert Details
This business has 1 alert.
Government Actions
STATE OF TEXAS v. BRITTANY DAWN DAVIS AND BRITTANY DAWN FITNESS, LLC
On June 1, 2023, The Texas Attorney General’s Office presented an Agreed Final Judgment and Permanent Injunction (“Judgment” or “Order”) with Brittany Dawn Davis and Brittany Dawn Fitness, LLC (“Defendants” or “Davis”).
The Texas Attorney General’s Office has asserted certain claims and causes of action against Defendants alleging that Defendants have violated the Texas Deceptive Trade Practices—Consumer Protection Act, Tex. Bus. & Com. Code §§ 17.41-17.63 (“DTPA”).
As part of the Judgment, Davis is not permitted to offer or sell any nutrition or fitness plans that includes:
• personalized nutrition assessments,
• personalized nutrition reassessments or modifications,
• individual one-on-one coaching, of any frequency (daily, weekly, monthly)
• personalized workout routines,
• personalized modifications or adjustments to any workout routines,
• daily or weekly check-ins with a coach
Furthermore, Davis is not allowed to claim to have any special knowledge or training to address eating disorders and she is also forbidden from charging a shipping fee for goods or services delivered exclusively by email.
Davis had previously sold plans for prices ranging from $92 to $300, but the lawsuit alleged that she had not provided the personalized coaching and guidance that she had promised.
While Defendants admit wrongdoing, they maintain that at no time did Defendants fail to provide purchased services due to malicious intent.
Davis must pay $300,000 in civil penalties and $100,000 in restitution with both paid within the next three years. The $131,320 in attorneys’ fees levied against her will not become due and payable unless Davis fails to comply with the permanent injunctions against her.
Important Information
Believed to be out of business
According to information in BBB files, it appears that this business is no longer in business.
Additional Info
On February 13, 2019, BBB contacted Brittany Dawn Fitness to request that the company eliminate the underlying reason for a pattern of consumer complaints.
Specifically, BBB has received complaints alleging that Brittany Dawn Fitness does not provide them with a customized fitness plan and/or meal plan that they purchased online through the Brittany Dawn Fitness website.
As of February 25, 2019, Brittany Dawn Fitness cooperated with BBB's request. BBB will continue to monitor complaint activity to determine if the pattern has been reduced or eliminated.
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