TCPA Class Action Lawsuit Alleges Harassment by GM’s Collection Agency

A new class action lawsuit filed in California federal court accuses General Motors Financial Co. of placing harassing debt collection calls to consumers using an automated dialing system, in violation of the federal Telephone Consumer Protection Act.

The TCPA has established rules that telemarketers must follow. The law came in response to changing technologies that made it easier for companies to contact people cheaply through electronic methods. At that time, robodialers and fax machines — technology that made it easy for companies to contact large numbers of people with minimal investment — were both new. Telemarketing companies initially challenged the law, claiming that it infringed on their First Amendment rights. However, a series of court rulings established the constitutionality of the law, and additional cases found that the TCPA applied to newer technologies including cellular phones and text messaging.

The TCPA’s rules put hard limits on the way a company can contact people. For example, the TCPA forbids companies from making uninvited contact with consumers. Additionally, the TCPA created the federal Do Not Call List.

The GM TCPA class action lawsuit was initiated by plaintiff Monique Perez. The TCPA class action lawsuit alleges that GM’s financial agency contacted Perez. The GM calls were collection calls, according to the TCPA lawsuit, but for someone other than Perez. GM’s collection agency allegedly began calling in late 2013. The calls were daily, and sought a person named “Melanie.” The TCPA lawsuit alleges that GM’s collection calls sometimes came several times a day. Perez says she never provided GM collections with her number — often key in TCPA lawsuits. Her TCPA class action lawsuit is open to other potential plaintiffs who have received similar calls from GM’s collection agency.

The TCPA lawsuit Perez filed is a class action lawsuit. Class action lawsuits are a type of group lawsuits in which a group of plaintiffs allege that they have suffered similar harm from the same defendant. Class action lawsuits are designed to help streamline the legal process by combining tens, hundreds, or even thousands, of potential individual cases into a single lawsuit. This can save time, money, and other resources for all parties involved. Specifically, the plaintiffs can pool their resources for legal costs, the defendant only has to face a single lawsuit, and the court system only has to try a single case. In a class action lawsuit like this one, additional plaintiffs may join as the lawsuit progresses.

The TCPA lawsuit is titled Monique Perez v. General Motors Financial Company Inc., in the U.S. District Court for the Central District of California.

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. Learn more and see if you qualify for a legal claim at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.