AutoNation Allegedly Sends Illegal Text Messages, Lawsuit Claims

AutoNation Inc. is facing a new TCPA lawsuit, which alleges the company had sent numerous spam text messages that allegedly violated federal privacy laws.

TCPA text messages from car dealerships require prior express consent from the recipient before a company sends them, which AutoNation allegedly failed to do with the claimant.

Plaintiff Anthony O. reportedly opted to file legal action against AutoNation after allegedly receiving multiple unwanted spam text messages, despite asking them to stop multiple times.

According to the TCPA lawsuit, Anthony had taken his vehicle to a Step One Automotive CSS LLC location for a repair estimate in October 2018 after suffering a car accident.

The claimant was reportedly informed that there was no warranty to cover his 2015 Nissan and had received a $3,500 that would have been covered by a new vehicle warranty. Anthony reportedly filed legal action against AutoNation initially for selling him a new vehicle without a warranty, but later the lawsuit evolved into allegations of illegal TCPA text messages.

The claim states Anthony soon received a text message from a representative named “Julie,” with the message asking him to participate in a “quick survey.” The bottom of the text messages had given him an “opt out” option. Anthony says he typed “STOP” in response and expected the car dealership text messages to end. However, just several weeks later in November 2018, Anthony says he received another spam text message that stated his vehicle was “due for an oil change.” Once again, Anthony opted out of the text message communications and had to repeat the process again just two weeks later.

Anthony reportedly received another unwanted text message in March 2019, at which point he contacted the car dealership to ask them to stop.

After asking a manager to remove his name from the company’s contact list, Anthony was reportedly instructed to call AutoNation because the company had apparently purchased Step One shortly after he received his estimate.

However, this does not change the fact that Anthony had been forced to contend with multiple unwanted text messages and that he had to opt out multiple times to get the communications to stop, alleges the lawsuit.

The TCPA lawsuit alleges AutoNation and Step One representatives had given Anthony the run around to avoid establishing responsibility, spurring the legal action.

Overview of the TCPA

The TCPA was established in the early 1990s as a way to help consumers defend themselves against aggressive telemarketers.

The TCPA requires telemarketers only call within reasonable day time hours, between 8 am and 9 pm, and mandates that companies respect the privacy of their consumers.

According to Wikipedia, the TCPA requires companies to get prior express consent from consumers before any text messages or phone calls can be made using an automated dialing system. An automated dialing system generates and places calls or text messages to random phone numbers, and is only allowable for consumers who have given permission to be contacted.

However, if a consumer revokes their consent, the company must immediately cease sending communications and respect this wish for up to five years.

According to the FCC, companies that are found to be in violation of the TCPA could face fines between $500 to $1500 per penalty, depending on if willful intent can be proven.

Anthony’s claim is reportedly seeking compensation for all allegedly illegal TCPA text messages, along with any other relevant damages.

This TCPA Lawsuit is Anthony O. v. AutoNation Inc., et al., Case No. 0:19-cv-61241-UU, in the U.S. District Court of Florida, Fort Lauderdale Division.

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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