New TCPA Lawsuit Filed over Nuisance Text Messages from Bull Motors

A new plaintiff says that nuisance text messages have caused problems when he was unable to stop the flow of constant texts to his phone from a business he never wanted to hear from anyway.

Plaintiff Alexander R. has initiated a TCPA lawsuit against Bull Motors LLC. Alexander argues that the defendant, who owns and operates a vehicle dealership in Florida, has engaged in sending unauthorized text messages numbering in the thousands to consumers who never requested them.

The lawsuit alleges that the defendant sent text messages to cellular subscribers who directly requested not to receive them, as well as to individuals who never gave prior consent to receive them to begin with. The plaintiff has lodged this lawsuit as a proposed class action due to the volume of anticipated individuals who could have been affected by the nuisance text messages.

The lawsuit argues that the defendant caused the plaintiff as well as other proposed class members a variety of injuries, including annoyance, trespass, intrusion on seclusion, invasion of privacy, aggravation, and conversion.

The nuisance text messages lawsuit is seeking injunctive relief to block the defendant from engaging in this allegedly illegal conduct and seeks statutory damages and any other equitable remedies available under the Telephone Consumer Protection Act.

The TCPA was enacted as federal law in the 1990s after consumers began to experience a growing number of annoying and even harassing text messages and phone calls from businesses. When those numbers are generated with an automatic system, it is possible that the consumer never consented to the messages to begin with.

Many consumers who receive these ATDS messages or calls will ask for the calls to stop immediately, and there are legal rights available to those individuals who are not able to stop the constant unauthorized communications.

The lawsuit says that the nuisance text messages were received on multiple days in January 2019.  Alexander says that he asked for the messages to stop, but they continued to plague him. The plaintiff also alleges that he believes he was contacted through the use of an automated telephone dialing system, a violation of the Telephone Consumer Protection Act if done without consent.

According to the Federal Trade Commission, text message spam is a triple threat because it can lead to unauthorized charges on a consumer’s cellphone bill, slow down the performance of their phone, and offer promises product offers or gifts to get the consumer to reveal personal information.

It is illegal for companies or individuals to send commercial text messages from an autodialer unless the recipient has consented to that kind of communication. An autodialer program stores and dials or texts phone numbers using a sequential of random number generator, meaning that companies can reach thousands of potential consumers quickly.

The TCPA Lawsuit is Case No. 1:19-cv-20302-JLK, in the U.S. District Court, Southern District of Florida.

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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