TCPA Class Action Lawsuit May Cost DriveTime Millions

A Telephone Consumer Protection Act (TCPA) class action lawsuit was filed in Arizona alleging that DriveTime Automotive Group Inc. made unauthorized robocalls and text messages.

DriveTime is an auto finance network that “specializes in the acquisition and servicing of prime to subprime automotive retail installment contracts,” as described in the DriveTime TCPA class action lawsuit.

DriveTime allegedly used robocalls (a robotic dialing system) and prerecorded messages in order to allegedly unlawfully contact several individuals through unwanted phone calls and unsolicited text messages.

One of these individuals who received unsolicited text messages was Adam L., who filed the TCPA class action lawsuit against DriveTime. Adam is a Kentucky resident who alleges he never used DriveTime nor did he “consent to be contacted” by the company, according to his TCPA lawsuit.

Adam allegedly began receiving multiple unsolicited text messages and unwanted phone calls from DriveTime in August 2014. The TCPA class action lawsuit claims the defendant used a “predictive dialer” to make calls to Adam and other individuals. If Adam answered, he was only then connected to a “live agent.” He was often met with music while he waited for a live agent to take his call.

After receiving unsolicited text messages, Adam attempted to cease communication with DriveTime by replying “DTSTOP” to the messages as DriveTime instructed. However, Drive Time allegedly continued to contact the plaintiff.

The TCPA class action lawsuit accues DriveTime of several TCPA violations. If the company is found to have violated the law, potential Class Members could be due millions of dollars in penalties.

The Telephone Consumer Protection Act

The TCPA was introduced in 1991 to protect consumers from unwanted solicitations by phone, including auto-dialed calls. Automatic telephone dialing systems are any equipment that has the ability “to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers,” according to the TCPA class action lawsuit.

The TCPA has since expanded to cover unsolicited text messages as well as unwanted phone calls. TCPA violations include any contact with an individual using robocalls or an automatic telephone dialing system in addition to contacting people on the national Do Not Call registry.

TCPA Class Action Lawsuit Class Members

Adam proposes two different Classes for the TCPA class action lawsuit. The first would include all persons who experienced TCPA violations involving unwanted phone calls “made through the use of any automatic telephone dialing system.”

The second proposed Class involves any persons who experienced TCPA violations involving unsolicited text messages. For both Classes, TCPA violations must have occurred within the past four years.

Each Class Member may be entitled to a minimum of $500 for each TCPA violation, possibly as much as $1,500.

This DriveTime TCPA Class Action Lawsuit is Case No. 2:15-cv-00026, in the U.S. District Court for the District of Arizona.

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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