PRESS RELEASE:
Galine, Frye, Fitting & Frangos filed a complaint on May 28 on behalf of two women who were allegedly filmed without their knowledge or consent in tanning booths at the Planet Fitness location in Arroyo Grande, California. The plaintiffs, identified as Jane Doe 1 and Jane Doe 2 to protect their identities, are among nearly 50 women whose images were captured by a fellow gym member using a cell phone to record through a gap in locked tanning booth doors.
An amended complaint filed June 9 identified California resident Kyle Combs as the alleged perpetrator. The Arroyo Grande Police Department matched video footage to his Planet Fitness profile and secured a search warrant for his phone, recovering videos of 47 people partially or fully naked in the tanning booths dating back to January 2025.
"Gym members have a reasonable expectation of privacy while using tanning booth rooms in Planet Fitness facilities, and Planet Fitness had an ongoing responsibility to take measures to prevent circumstances like this from occurring," said attorney Ilya Frangos. "No one should have to wonder whether they are being secretly recorded while undressed in a place that is supposed to be safe and private."
"Gym members have a reasonable expectation of privacy while using tanning booth rooms"
Ilya Frangos, Attorney
The complaint accuses Planet Fitness of gross negligence, invasion of privacy, and intentional and negligent infliction of emotional distress. It alleges that gym staff working near the tanning booth area should have observed and stopped the recording activity, and that Planet Fitness failed to take reasonable measures to protect members using facilities where they have a clear expectation of privacy.
This case reflects a broader area of premises liability law in which businesses can be held responsible when foreseeable harm occurs on their property, and reasonable safeguards were not in place. If you or someone you know has been harmed due to a business's failure to maintain a safe environment, our team is available for a free consultation.
