General Motors (GM) Financial Co. faces a proposed robocall class action lawsuit, from a New Jersey man alleging the car company used an automated dialing system to make collection calls to customers’ family members.
The potential robocall class action lawsuit claims the company violated the Telephone Consumer Protection Act (TCPA), when using an autodialer to make these alleged robocalls.
A robocall is a call placed by a company, often for business or promotional reasons, to customers using an automated dialing system and often a prerecorded voice to answer any calls the recipient answers.
Under TCPA, companies are prohibited using both of these methods to contact customers and must provide an option for customers to opt out of receiving calls.
The TCPA was also requires companies to adhere to a do not call registry for the next five years, and must not contact the customer if they are on that list.
Violations for the TCPA can be between $500 to $1500 per robocall, depending if the customer can prove willful intent.
Robocall Class Action Lawsuit Allegations
Plaintiff Stephen Jefferson filed the potential robocall class action lawsuit, seeking to represent “thousands” of similar individuals who also allegedly received cellphone robocalls from GM Financial.
According to Jefferson, GM Financial allegedly placed these robocalls to him asking for his wife Lisa, which directly violates the TCPA. Under the TCPA, robocalls are prohibited unless the recipient gives prior express consent to receive them.
While his wife was a GM Financial customer, Jefferson was not and had no prior relationship or obligations to the company. In addition, Jefferson had never given the company permission to contact him through automated cellphone calls.
According to his potential robocall class action lawsuit, Jefferson and the other members of his class, should be awarded $2,000 for each unauthorized robocall they received from GM Financial. He is also calling for an injunction to prevent the company from making similar calls.
Jefferson’s proposed robocall class action lawsuit is not the first claim to allege GM Financial used an autodialer to place calls to non GM Financial customers.
In 2011, plaintiffs from two consolidated class action lawsuits against AmeriCredit, a business partner of GM Financial, alleged the company used autodialers to call consumers regardless if they had a loan with the company or not.
In this robocall class action lawsuit, U.S. District Judge Dana M. Sabraw rejected proposed settlements by the plaintiffs. The two proposed settlements consisted of $6.5 million and $8.5 million in 2013 and 2014 respectively, with AmeriCredit indicated to be cooperative with the amount.
The GM Financial Robocall Class Action Lawsuit is Jefferson v. GM Financial Co Inc., Case No. 2:16-cv-02349 in U.S. District Court for the District of New Jersey.
Join a Free TCPA Class Action Lawsuit Investigation
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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