Shamis & Gentile P.A.
Licensed in Florida, New York & Texas
Office Location: 14 N.E. 1st Ave., Ste. 705, Miami, FL 33132
Auto Dealership Text Messaging: Who’s Affected?
Did you receive unwanted cell phone calls, text message spam, robocalls, prerecorded messages, or prerecorded voicemails from a car dealership that won’t stop calling?
If so, you may be able to take part in a car dealership TCPA violations class action lawsuit investigation.
“TCPA” stands for the Telephone Consumer Protection Act. It was enacted in 1991 to protect consumers from telemarketers. The TCPA covers unwanted marketing from companies via phone, cell phone, text, and fax. It also limits the use of autodialers and robocalls.
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.
Fill out the FREE form on this page for more information.
Overview: Car Dealership TCPA Violations
As noted above, the TCPA protects consumers from unwanted marketing messages. Excessive phone and text marketing from companies is at best a nuisance to consumers and, at worst, can infringe on their privacy rights.
Recent complaints by consumers have reported that their car dealership won’t stop calling, identifying a range of TCPA violations through unwanted cell phone calls, text message spam, prerecorded calls, and robocalls. Consumers say that they have been subject to thousands of these unwanted communications through their phones from a variety of car dealerships.
Read more: How to Join the Nationwide Do Not Call List
Unwanted Cell Phone Calls
Car dealership TCPA violations can include unwanted cell phone calls. Under the TCPA, for companies to make telemarketing calls, they must secure a form, signed by the consumer, that includes a “clear and conspicuous disclosure” that the consumer has agreed to receive the marketing calls.
Telemarketing has been defined under TCPA to include “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.”
Telemarketing to consumers without proper express written consent, whether it is to sell a car or some other good or service, can be a TCPA violation.
Text Message Spam
The agency Congress delegated authority over the TCPA to, the Federal Communications Commission (FCC), issued a ruling clarifying that consumers are entitled to protection under the TCPA for text message communications as well.
This means that companies that send unwanted advertising text messages, text message spam, to consumers without prior express written consent can be in violation of the TCPA.
Robocalls and Automatic Telephone Dialing Systems
Robocalls and the use of automated dialing systems (ATDS) were called out as particular nuisances by Congress when it enacted the TCPA.
Robocalls refer to the use of prerecorded marketing messages that, while an inexpensive marketing tool for companies, consumers tend to find infuriating because there is not a real person on the other end of the call.
In addition to finding marketing calls using ATDS or robocalls, or a combination of the two, a nuisance, Congress also found the use of these tactics an invasion of privacy, costly, and inconvenient.
Further, in 2012, as the use of cell phones became even more ubiquitous in most consumers’ lives, the FCC tightened the restrictions on automated phone calls prohibited by the TCPA. The FCC issued an order requiring companies to obtain prior express written consent for automated telemarketing calls.
Car dealership TCPA violations can occur when a dealership uses either or both of these methods to contact consumers without their prior express written consent.
Car dealership TCPA violations can lead to steep fines for the company—up to $1,500 per violation if the unwanted marketing messages are found to be sent willfully.
Prerecorded Messages and Voicemails
The TCPA also prohibits car dealerships from sending prerecorded messages to your cell phone. Recently, car dealership have also started using what are known as “ringless” voicemails, which are prerecorded messages that are delivered to your phone’s mailbox.
A Chrysler dealership was hit with a class action lawsuit after it left ringless voicemails on the cellphones of consumers.
What are the TCPA Violation Penalties?
TCPA violations can result in a wide range of damages, with penalties resulting in costs of up to $500 per violation, while offenders of more serious violations can face penalties of up to $1500 per TCPA violation.
Where Can You Report TCPA Violations?
What can you do when your car dealership won’t stop calling? If you have received unwanted marketing calls from a car dealership that you have not provided consent for, then you can seek the help of a TCPA attorney to take potential legal action against the dealerships for violations of the TCPA.
If you have sent letters to the car dealerships revoking your consent for your number to be included in their automated marketing calls, then you may be able to use these letters as evidence to help prove your case.
Cases of Car Dealership TCPA Violations
Despite the strict rules, numerous car dealerships have been guilty of TCPA violations over the years, leaving consumers frustrated and determined to take action.
A significant amount of prospective customers who have had their privacy breached have received compensation, illustrated in the various settlements over the years:
- In 2018 a Florida dealership agreed to a settlement of $4.8 million after being charged with a robocall suit in breach of the TCPA. Members of the class action were eligible to receive up to $180 each.
- In 2017 a Nissan dealership in Florida reached a $5.7 million settlement for a class action representing hundreds of thousands of consumers who had received unwanted calls.
- In 2012 Lithia Motors Inc in Oregon agreed to a settlement of $2.5 million for sending out over 100,000 unwanted spam text messages to potential customers.
How to Find a Car Dealership Texting & Robocalls Lawyer
If you have been a victim of receiving unwanted texts and calls from a car dealership trying to promote their vehicles, then you could be eligible to file a TCPA violation lawsuit.
TCPA violations committed by car dealerships goes beyond standard sales promotion. If you have received any unwanted service communication such as recall notices or appointment confirmations, this may also be within the realms of TCPA non-compliance.
Here at Top Class Actions we connect you with reliable, qualified lawyers who can answer any possible queries you may have, and help you to get the compensation you deserve.
If you received robocalls, text message spam, unwanted cell phone calls, and/or prerecorded messages urging you to buy or sell a vehicle, you may qualify to join this car dealership class action lawsuit investigation.
Learn more by filling out the form above on this page for more information.
Get Help – It’s Free
Join a Free Car Dealership TCPA Violations Class Action Lawsuit Investigation
If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.
PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.
E-mail any problems with this form to:
After you fill out the form, the attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you.
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The attorney responsible for the content of this page is Andrew Shamis at:
Shamis & Gentile P.A.
Licensed in Florida, New York, & Texas
Office Location: 14 N.E. 1st Ave., Ste. 705, Miami, FL 33132
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