Anne Bucher  |  August 7, 2017

Category: Closed Class Actions

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man with unwanted phone call

A settlement has been proposed in a class action lawsuit alleging TT of Pine Ridge Inc. d/b/a Naples Nissan used an automatic dialing system or an artificial or prerecorded voice to make unsolicited phone calls that violated the Telephone Consumer Protection Act.

If you received an unsolicited phone call from Naples Nissan that used an automatic telephone dialing system or an artificial or prerecorded voice between Jan. 9, 2013 and June 26, 2017, you may be entitled to compensation from the TCPA class action settlement.

Plaintiff Tom Mahoney filed the TCPA class action lawsuit in January 2017, accusing Naples Nissan of making a series of telemarketing calls to his cell phone in 2016.

“The telephone calls were for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services,” the Naples Nissan class action lawsuit alleges. “Specifically, Defendant was encouraging Plaintiff to buy a car from Defendant.”

Mahoney says he received between three and six unsolicited robocalls from Naples Nissan. According to the Naples Nissan class action lawsuit, the calls were made using an automatic telephone dialing system and involved an artificial or prerecorded voice. Mahoney asserts that he never provided consent to receive such calls from Naples Nissan, and that the calls violated the TCPA.

“This is the exact scenario Congress attempted to prevent in enacting the TCPA,” Mahoney says in the Naples Nissan class action lawsuit.

The TCPA prohibits autodialer and prerecorded voice calls to cell phone, according to the TCPA class action lawsuit. Companies that violate the TCPA may be subject to penalties of $500 to $1,000 per violation.

Naples Nissan did not admit any fault or liability, but it has agreed to settle the TCPA class action lawsuit to avoid the burden and expense of ongoing litigation.

Who’s Eligible

Class Members of the TCPA settlement include anyone in the United States who received a non-emergency call, text or voicemail from or on behalf of Naples Nissan that was made using an automatic telephone dialing system or an artificial or prerecorded voice between Jan. 9, 2013 and June 26, 2017.

Potential Award

Class Members may choose to receive either a $15 credit voucher to be used at Naples Nissan or a check for $4.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

9/15/2017

Case Name

Tom Mahoney v. TT of Pine Ridge Inc., Case No. 9:17-cv-80029-DMM, in the U.S. District Court for the Southern District of Florida

Final Hearing

11/1/2017

UPDATE: The Naples Nissan Robocall TCPA Class Action Settlement was granted final approval on November 20, 2017. Let Top Class Actions know when you receive a check or credit voucher in the comments section below or on our  Facebook page.

Settlement Website

www.NNTCPASettlement.com

Claims Administrator

Tom Mahoney v. TT of Pine Ridge Inc.
Epiq Systems Inc., Settlement Administrator
P.O. Box 3757
Portland, OR 97208-3757
1-800-572-5719
info@NNTCPASettlement.com

Class Counsel

Chris R. Miltenberger
THE LAW OFFICE OF CHRIS R. MILTENBERGER PLLC

Brandon Hill
WENZEL FENTON CABASSA PA

Defense Counsel

Ana Tagvoryan
Paul J. Sodhi
Harrison Brown
BLANK ROME LLP

Patricia E. Lowry
SQUIRE PATTON BOGGS

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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4 thoughts onNaples Nissan Robocall TCPA Class Action Settlement

  1. Deborah says:

    NY STATE recv $4

  2. dave says:

    Washington State, check for $4.00 arrived 1/22/18

  3. Penny says:

    Recieved check for $4.00
    GA

  4. Harry C Gregor says:

    A $15 certificate TO BE USED AT THE DEALERSHIP!!! Who approved THIS ‘deal’???

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