Major car maker Fiat Chrysler was hit with a class action lawsuit over unwanted text messages it allegedly sends to consumers in violation of the Telephone Consumer Protection Act (TCPA).
Lead plaintiff Rick Garcia claims in the Fiat Chrysler unwanted texts class action lawsuit that he and other consumers were subject to advertising messages from the car maker on their cell phones without giving prior consent.
The plaintiff alleges that Fiat Chrysler further violated the TCPA because they allegedly used an autodialing system and prerecorded messages.
The TCPA was enacted by Congress in 1991 to stop companies from using annoying telemarketing tactics and protect consumers. The Act requires companies to first obtain consent to send consumers prerecorded advertising messages via phone or text message. Additionally, companies are prohibited from using automatic dialers and robocalling consumers.
The plaintiff alleges that he is a resident of Florida in the Fiat Chrysler unwanted texts class action lawsuit. He says that he began receiving text messages from the car maker in June 2018.
The message, included in the Fiat Chrysler unwanted texts class action lawsuit, consists of a congratulatory offer to the plaintiff to receive “an additional 500 retail bonus cash towards the purchase of any ram [sic] truck.”
The advertisement contains a description of the truck as “The most technologically advanced Ram ever,” and encourages the plaintiff to take advantage of this “limited time offer.”
“Defendant’s prerecorded message constitutes telemarketing because it encouraged the future purchase or investment in property, goods, and/or services, i.e., a vehicle from Defendant, including the ‘all new 2019 Ram 1500,’” asserts the Fiat Chrysler unwanted texts class action lawsuit.
According to the Fiat Chrysler class action lawsuit, the car maker also used an automatic dialer, or ATDS, to contact the plaintiff and other consumers’ cell phone numbers.
“Defendant’s unsolicited prerecorded message caused Plaintiff actual harm, including invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion. Defendant’s prerecorded message also inconvenienced Plaintiff and caused disruption to his daily life,” alleges the Fiat Chrysler unwanted texts class action lawsuit.
The Fiat Chrysler TCPA class action lawsuit seeks to represent a nationwide Class of consumers who, without prior consent, have received unwanted advertising calls or messages from the car maker in the past four years.
“Plaintiff seeks injunctive relief to halt Defendant’s illegal conduct which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” states the Fiat Chrysler unwanted texts class action lawsuit. “Plaintiff also seeks statutory damages on behalf of himself and members of the class, and any other available legal or equitable remedies.”
Garcia is represented by Andrew J. Shamis of Shamis & Gentile PA and Scott Edelsberg of Edelsberg Law PA.
The Fiat Chrysler Unwanted Texts Class Action Lawsuit is Rick Garcia v. FCA US LLC, Case No. 1:18-cv-23223-FAM, in the U.S. District Court for the Southern District of Florida.
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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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