Audi Dealer Spam Calls May Violate Consumer Protection Laws

Consumers have been reportedly receiving Audi dealer spam calls soon after purchasing a Volkswagen or Audi vehicle, when they allegedly did not give the company permission to contact them. These consumers reportedly received the unwanted Audi dealer spam calls to their cellphones by the marketing company Peak Performance.

The Audi dealer spam calls reportedly encouraged consumers to purchase a new car or take their current Volkswagen or Audi vehicle for service.

According to complaints, these calls were made without the consent of the customers. The Audi dealer spam calls are reportedly made using an automated dialing system, or a machine that generates phone numbers and places calls to them.

Due to the nature and circumstances of these Audi dealer spam calls, Volkswagen and Peak Performance may have violated a federal telemarketing law known as the Telephone Consumer Protection Act (TCPA).

Volkswagen and Peak Performance are already facing a TCPA class action lawsuit over alleged Audi dealer spam calls from consumers who say their privacy rights were violated. The Audi spam call class action lawsuit was filed by a group of plaintiffs in 2017 who alleged that they began receiving unwanted phone calls from the companies short after purchasing a car or taking a vehicle in for service.

The Audi dealer spam calls were made by Peak Performance, according to the class action lawsuit, a company hired by Volkswagen to make marketing communications for their customers’ cellphones.

According to the class action lawsuit, Peak Performance claims to “return your lost customers with impressive efficiency” and reportedly did this by placing allegedly illegal cellphone calls to try and secure previous customers and have them keep doing business with Volkswagen and Audi.

The plaintiffs allege these Audi dealer spam calls may be in direct violation of the TCPA, with the claimants seeking damages for these allegations.

Overview of TCPA Policy

The TCPA was established in 1991 to help consumers combat aggressive telemarketing practices, including prohibiting companies from using automated dialing systems to place calls without the consent of consumers.

The TCPA has been amended several times over the years to include spam text messages, with the Federal Communication Commission (FCC) stating that companies must obtain “prior written consent” before using an automated dialing system to place calls to customers.

In addition to prohibiting companies from sending unwanted automated calls or text messages, the TCPA also prohibits unwanted faxes and requires telemarketers to only call during reasonable daytime hours.

Even if a consumer does give prior express consent before receiving spam calls or text messages, companies must stop contacting them if the customer asks to be placed on their do-not-call registry. The company must adhere to this request for the next five years, or face the risk of serious financial penalties. Companies can face statutory damage penalties between $500 to $1,500 per violation, depending on whether or not willful intent can be proven.

Consumers considering filing legal action against Volkswagen for allegedly unwanted Audi dealer spam calls should document evidence potentially related to the call or calls, including:

• Date and time of call
• Summary of call
• If automated dialing system was used
• If artificial voice answered when call was picked up
• Whether or not prior consent was given (keep written copy or copy of message if applicable)
• Whether or not consent was revoked (keep written copy or copy of message regardless)

Join a Free Audi & VW Cell Phone Calls Class Action Lawsuit Investigation

If you received unsolicited cell phone calls after purchasing an Audi or Volkswagen vehicle or after having your vehicle serviced at a Volkswagen or Audi dealership, you may be eligible to participate in this Volkswagen unwanted cell phone calls class action lawsuit investigation.

Learn More