Consumers Claim Volkswagen Dealer Robocalls Violate TCPA

Consumers have recently reported receiving Volkswagen dealer robocalls from the automotive company, calls that may violate federal telemarketing laws.

Owners and lessees of Volkswagen and Audi vehicles say they’ve received unsolicited marketing calls after they have either purchased a new vehicle or had their vehicle serviced by a company service center. The Volkswagen dealer robocalls reportedly encourage consumers to purchase a new vehicle or have their vehicle serviced at a dealership service center.

The Volkswagen dealer robocalls are allegedly placed using an autodialing system and without the called party’s consent, which consumers claim is a blatant violation of the Telephone Consumer Protection Act (TCPA).

TCPA was passed by Congress in 1991 to protect Americans from harassing robocalls made using autodialing systems. The law considers prerecorded calls to be a nuisance and violation of privacy, even more so than live calls placed by actual company representatives. Companies are prohibited from placing robocalls without express prior consent under TCPA.

In 2012, the Federal Communication Commission (FCC) expanded the reach of TCPA by eliminating certain exceptions that business may take advantage of. Before the expansion, businesses were allowed to place telemarketing robocalls to consumers if a prior business relationship existed. However, the FCC eliminated this exception, meaning that all telemarketing calls require “prior express written consent” before placing the robocalls.

Consumers allege that Volkswagen dealer robocalls violate TCPA, prompting a group of these customers to file a TCPA class action lawsuit against Volkswagen and its telemarketing vendor Peak Performance. These customers claim that they received Volkswagen dealer robocalls after purchasing a new vehicle or having their existing vehicle serviced. According to the Volkswagen dealer robocalls class action, none of the consumers consented to receiving robocalls – arguing that the dealership’s alleged behavior is in violation of TCPA.

Plaintiffs in the class action claim that Volkswagen enlists the services of Peak Performance to make Volkswagen dealer robocalls to their consumers. Peak Performance is a marketing company focusing on customer retention services. The company reportedly claims that they “return your lost customers with impressive efficiency, utilizing effective email marketing, highly targeted mail, customized offers and even phone calls.”

Peak Performance allegedly places Volkswagen dealer robocalls to customers in an attempt to secure previous customers of the company and return them to their local Volkswagen or Audi dealership. Plaintiff in the class action argue that these Volkswagen dealer robocalls are in violation of TCPA.

“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 Volkswagen dealer robocalls class action states.

The plaintiffs seek to represent two Classes of consumers in the Volkswagen dealer robocalls class action lawsuit. The first proposed Class is composed of consumers who received Volkswagen dealer robocalls between Oct. 26, 2011 and Oct. 15, 2013. The second proposed Class is composed of consumers who received Volkswagen dealer robocalls since Oct. 16, 2013.

The Volkswagen dealer robocalls class action lawsuit seeks damages under TCPA, including $500 for every negligent violation of the law and $1,500 for every willful violation of the law.

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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