Toyota, Sirius Hit With TCPA Violation Class Action Lawsuit

A Telephone Consumer Protection Act (TCPA) class action lawsuit was filed against Sirius XM Holdings Inc. and Toyota Motor Sales USA Inc. on Jan. 8, alleging the automaker illegally gave customer information to Sirius XM. Sirius then allegedly took this information and made a number of unwanted cell phone calls to a San Antonio resident in violation of the Telephone Consumer Protection Act.

Plaintiff Brian T. claims he and others were victims of an information-sharing agreement between Toyota and Sirius. The alleged agreement enables Toyota to share customer data with Sirius in exchange for temporary free trials of Sirius’ radio entertainment services in new and pre-owned cars Toyota sells. The TCPA class action lawsuit claims that Sirius then used that information to make unwanted cell phone calls to Brian’s cell phone, which the plaintiff claims is a TCPA violation.

According to the TCPA class action lawsuit, “Sirius makes these types of telemarketing calls in order to convert the recent purchasers of Toyota vehicles into paid subscribers of Sirius.”

Alleged TCPA Violations By Sirius

In September 2014, Brian purchased an automobile from Toyota’s San Antonio dealership and alleges that he was unaware that his new automobile included a free trial for Sirius satellite radio. In a period of approximately 4 months following his purchase, Sirius allegedly placed more than 30 telemarketing calls to Brian’s cell phone with the intent of selling him a Sirius satellite radio subscription. Brian has filed this TCPA class action lawsuit, claiming that all of these telemarketing calls placed to his cellphone were in violation of the TCPA.

Alleged TCPA Violations By Toyota

The TCPA class action lawsuit further claims that when Brian answered at least one telemarketing call from Sirius and inquired how Sirius had obtained his telephone number, the telemarketer informed Brian that Sirius obtained his number “from his recent car purchase from a Toyota dealership and that his call was for the purpose of inquiring whether he would like to purchase ongoing Sirius radio service.”

In October 2014, Brian received confirmation from the Toyota dealership where he had purchased his automobile that the Toyota corporate office in California had, in fact, provided his telephone number to Sirius. However, according to the TCPA class action lawsuit, “Toyota did not make any disclosure concerning its sale or exchange of customer information to third-parties such as Sirius.” Brian alleges that neither Toyota, nor Sirius, ever obtained his prior express written consent to receive such calls as is required under TCPA statutes.

The TCPA class action lawsuit further claims that even though Sirius is responsible for the calls, Toyota is vicariously liable for the alleged TCPA violations because the company provided the customer information to Sirius without consumers’ consent.

Unwanted Cell Phone Calls and the TCPA

The TCPA (Telephone Consumer Protection Act) is the main federal law that seeks to curb unwanted cell phone calls by telemarketers and solicitors to unsuspecting consumers. Put as simply as possible, the TCPA prohibits any call to a wireless phone number without the prior express consent of the contacted party in the absence of an emergency. This ban applies even if you have not placed your phone number on the national Do-Not-Call registry.

The Toyota Sirius TCPA class action lawsuit seeks certification of a nationwide Class consisting of anyone who received unwanted cell phone calls from Sirius in the past four years, regardless if they first bought a car from a Toyota dealership.

In addition, the TCPA lawsuit seeks a separate nationwide subclass of individuals who first bought a new or pre-owned car from a Toyota dealership with a free Sirius trial and received unwanted cell phone calls from the company in the last four years.

Brian seeks $1,500 in statutory damages per call per Class Member, as well as treble damages from Toyota and Sirius.

The Toyota Sirius TCPA Class Action Lawsuit is Case No. 3:15-cv-00044, in the U.S. District Court for the Southern District of California.

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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