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UPDATE: The Oklahoma Car Dealerships TCPA Class Action Settlement was granted final approval on October 14, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Numerous Oklahoma car dealerships have agreed to resolve a TCPA class action lawsuit by agreeing to a $850,000 settlement fund.
The settlement benefits individuals who received telemarketing text messages from one of several car dealerships between March 12, 2016 and April 13, 2020, including text messages received from DoCircle Inc. d/b/a Trumpia for the period running from Sept. 30, 2017 to Sept. 8, 2019. A full list of included dealerships is available in the โWhoโs Eligibleโ section below.
Plaintiff Jennifer King filed her car dealership TCPA class action lawsuit in November 2019. She claimed that she received several text messages from Classic Chevrolet starting in March 2019. These texts allegedly encouraged King to โtrade up to a new vehicle today pay the same payment or less.โ
According to King, the calls she and other consumers received were in violation of the Telephone Consumer Protection Act (TCPA). This federal law makes it illegal for businesses to call, text and fax consumers for telemarketing purposes without consent.
Even an established business relationship doesnโt exempt a business from this requirement โ all companies must receive express written consent before sending telemarketing communications.
The car dealership TCPA class action lawsuit claimed that numerous car dealerships violated these regulations by sending unsolicited text messages to King and other consumers. The dealers allegedly further violated the law by contacting King despite her number being on the National Do Not Call List. According to the car dealership TCPA class action lawsuit, many other consumers may have had the same experience.
The dealerships at issue have not admitted any wrongdoing under TCPA or other laws. However, the dealerships have agreed to fund a $850,000 class action settlement to resolve the claims. According to the settlement agreement, this deal is fair and reasonable.
โBased on their investigation and discovery in the Litigation and the experience of Class Counsel, Plaintiff and Class Counsel have concluded that the terms and conditions of this Agreement are fair, reasonable, and adequate to the Settlement Class and in the best interest of the Settlement Class,โ the car dealership TCPA settlement agreement notes.
Class Members who file a valid claim with receive a pro rata or equal share of the net settlement fund. Payment amounts will depend on the number of claims filed, along with the amount of the settlement fund used to pay costs, fees and service awards.
In order to benefit from the car dealership TCPA class action settlement, Class Members must file a valid claim form by Oct. 29, 2020. No proof is required to benefit from the settlement. Instead, claims must only include the telephone numbers which received text messages from car dealerships.
The deadline for exclusion and objection is Sept. 14, 2020. The final approval hearing for the car dealership TCPA settlement is Oct. 14, 2020.
Whoโs Eligible
Individuals who receive telemarketing text messages from one of numerous car dealerships between March 12, 2016 and April 13, 2020, including text messages received from DoCircle Inc. d/b/a Trumpia for the period running from Sept. 30, 2017 to Sept. 8, 2019. Oklahoma dealerships included in the class action settlement are:
- Classic Chevrolet Inc.;
- Bartlesville CDJ LLC;
- Bixby Auto Plaza LLC;
- Miami Auto Supercenter Inc.;
- Nissan of Muskogee LLC;
- Regional Hyundai LLC;
- Suburban Chevrolet, Inc.;
- T & K Management Group LLC d/b/a Tulsa Raceway Park; and
- WKW Acquisitions LLC d/b/a Honda of Muskogee.
Potential Award
Class Members who file a valid claim with receive a pro rata share of the net settlement fund. Payment amounts will depend on the number of claims filed along with the amount of the settlement fund used to pay costs, fees, and service awards.
Proof of Purchase
Telephone number which received text messages from the car dealerships.
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NOTE:ย If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claimย under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If youโre unsure if you qualify, pleaseย read the FAQ section of the Settlement Administratorโs website to ensure you meet all standards (Top Class Actions is notย a Settlement Administrator). If you donโt qualify for this settlement, check out our database of otherย open class action settlementsย you may be eligible for.
Claim Form Deadline
10/29/2020
Case Name
Jennifer King v. Classic Chevrolet Inc, et al., Case No. 4:19-cv-00429-CVE-JFJ, in the U.S. District Court for the Northern District of Oklahoma
Final Hearing
10/14/2020
Claims Administrator
Classic Chevrolet, Inc. TCPA Settlement Administrator
c/o Epiq
P.O. Box 3145
Portland, OR 97208-3145
1-855-917-3489
Class Counsel
Scott Edelsberg
EDELSBERG LAW
Manuel Hiraldo
HIRALDO LAW
Andrew Shamis
SHAMIS & GENTILE
Defense Counsel
John T. Richer
HALL ESTILL
Join a Free Car Dealership TCPA Violations Class Action Lawsuit Investigation
You may be eligible to join this lawsuit investigation into car dealership TCPA violations under the following circumstances:
- You did NOT provide express permission in writing to the car dealership to receive the calls or messages.
You did NOT purchase a vehicle from the dealership that is contacting you.
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