Karina Basso  |  September 18, 2014

Category: Consumer News

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Jiffy LubeHeartland Automotive Services Inc., the largest franchisee of the oil and automotive services giant Jiffy Lube International Inc., was hit with a TCPA class action lawsuit for allegedly making unsolicited automated calls to a number of cellphone owners.

Lead plaintiff Phillip Litchfield filed this Jiffy Lube unsolicited calls TCPA class action lawsuit in mid-August alleging that on June 11, the Heartland division made two unauthorized marketing calls to his cellphone. Litchfield further alleges that these unsolicited calls were made through an automated dialing system that has the ability to make calls to individuals’ mobile numbers utilizing a stored bank of mobile numbers or by randomly and/or sequentially generating possible cell phone numbers.

The plaintiff claims that he never gave his express consent to receive calls from Heartland or Jiffy Lube and that none of the unsolicited calls were of an emergency nature. Instead, Litchfield claims that the sole purpose of the phone calls was to promote the services of Jiffy Lube International Inc.

In this unsolicited calls TCPA class action lawsuit, Litchfield seeks to represent himself and a Class of consumers that would include:

“all persons who (1) on or after August 11, 2010; (2) were the recipients of unsolicited calls advertising the commercial availability of any property, goods, or services by or on behalf of Heartland; and (3) with respect to whom Heartland cannot provide evidence of prior express permission.”

The potential Jiffy Lube TCPA Class could be quite large as Heartland operates over 540 Jiffy Lube locations and the automated dialing systems allegedly used by Heartland would allow them to make thousands of marketing calls.

Litchfield and the Class await certification by an Illinois federal judge. Should this TCPA class action lawsuit be certified, the lead plaintiff hopes to receive an award of $500 for each TCPA violation for every eligible Class Member and to win an injunction barring Heartland from making unsolicited calls to mobile phones in the future.

The Jiffy Lube Unsolicited Calls TCPA Class Action Lawsuit is Litchfield v. Heartland Automotive Services II Inc., Case No. 1:14-cv-06228, in the U.S. District Court for the Northern District of Illinois.

What is The Telephone Consumer Protection Act (TCPA)?

In 1991, Congress instituted the Telephone Consumer Protection Act (TCPA) with the goal of limiting how and when companies could contact and solicit potential customers. This act pays close attention to enforcing regulated use of automated telephone equipment, prerecorded messages, and/or robocalls in telephone soliciting and telemarketing within the United States. The TCPA also requires companies to honor the National Do Not Call Registry, which all cellphone users in the United States can enroll themselves into for free at any time.

Heartland and Jiffy Lube are not the only companies facing TCPA class action lawsuits for allegedly making unsolicited phone calls using automated dialing systems. Hundreds of U.S. consumers have filed TCPA civil and class action lawsuits in just the past couple years and the number of TCPA class action lawsuits are likely to grow as more consumers are informed of their TCPA rights.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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2 thoughts onTCPA Class Action Lawsuit Filed Against Jiffy Lube and Franchisee

  1. Stacey Temple says:

    Email me.

  2. brian beavers says:

    I want to sue jiffy lube and I need an attorney who specializes in this specific kind of case. if u have any information that I will consider useful please email me.

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