Audi Service Robocalls May Violate Federal Law, Consumers Claim

Volkswagen has been targeted with criticism and a class action lawsuit, alleging that Audi service robocalls were placed without consumer consent in violation of the Telephone Consumer Protection Act.

Consumers have reported receiving Audi service robocalls after purchasing a Volkswagen or Audi or having their Volkswagen or Audi serviced. The Audi service robocalls allegedly encourage consumers to purchase a new vehicle from Volkswagen or have their current vehicle services by a Volkswagen or Audi service center.

Owners and lessees claim that the Audi service robocalls are placed via an automatic dialing system. They argue that the use of an automatic dialing system and placing Audi service robocalls without consent is in violation of the Telephone Consumer Protection Act (TCPA).

The TCPA was passed by Congress in 1991 to protect consumers against robocalls made by automatic dialing systems. Prerecorded calls such as the Audi service robocalls are considered a nuisance and invasion of privacy, even more so than live calls. Additionally, many users are forced to pay for incoming calls regardless of whether or not the call is picked up or minutes are used. The TCPA aims to relieve consumers of these burdens by prohibiting the placement of robocalls without prior consent.

In 2012, the Federal Communication Commission (FCC) redefined the scope of the TCPA. The change eliminated the exemption of the act which allowed for telemarketing calls if there existed an established business relationship. Since the expansion of the TCPA, all telemarketing calls require that businesses obtain “prior express written consent” to the calls.

The alleged violations of the TCPA have prompted a class action lawsuit. A group of plaintiffs filed the suit in 2017, alleging that they received Audi service robocalls after purchasing a new Volkswagen or Audi or having their vehicle serviced.

According to the Audi service robocalls class action lawsuit, Volkswagen enlisted the service of Peak Performance, a marketing company, to make unsolicited advertising calls to their consumers. Peak Performance allegedly provides customer retention services to their clients, claiming that they “return your lost customers with impressive efficiency, utilizing effective email marketing, highly targeted mail, customized offers and even phone calls.”

However, the plaintiffs claim that the unsolicited Audi service robocalls were not consented to and that a preexisting business relationship does not allow Volkswagen to make harassing calls without consumer consent.

“The foregoing acts and omissions of Defendants constitute numerous and multiple knowing and/or willful violations of the TCPA, including but not limited to each and every one of the above-cited provisions of [TCPA]” the class action states.

Plaintiffs in the Audi service robocalls class action seek to represent two Classes. The first proposed Class is comprised of consumers who received Audi service robocalls between Oct. 26, 2011 and Oct. 15, 2013. The second proposed class is composed of consumers who received Audi service robocalls after Oct. 16, 2013.

The TCPA allows consumers to seek damages for any alleged violations. The recipients of the Audi service robocalls seek compensation under the law, including $500 for every negligent violation and $1,500 for every willful violation.

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.

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