VW Service Robocalls Could Violate TCPA, Say Car Owners

VW service and sales robocalls made to consumers and prospective consumers could violate the TCPA. A group of plaintiffs who received these calls have filed a proposed class action VW service robocalls TCPA lawsuit.

The four named plaintiffs in the robocalls lawsuit say that a company called Peak Performance called them multiple times to solicit business. These regular calls were made to their personal cellphones, they claim.

According to the VW service robocalls lawsuit, the defendants did not have appropriate consent from the plaintiffs to contact them for these purposes. One of the plaintiffs allegedly used an attorney to write a letter demanding that the solicitation calls discontinue but was unsuccessful in getting the calls to stop.

The Telphone Consumer Protection Act

The robocall claim says that the phone calls repeatedly being made without consent of the plaintiffs are a violation of the federal statute known as the Telephone Consumer Protection Act, or TCPA.

The TCPA includes numerous provisions that forbid certain behaviors on behalf of businesses in the U.S. In recent years, consumers have filed complaints with legislators and federal agencies about problems with robocalls and unsolicited marketing materials delivered via calls and text messages.

The VW service robocalls lawsuit was filed after plaintiffs discovered that numerous other consumers were suffering from the same TCPA violations and that numerous consumers all over the country have gotten unlawful calls from Peak Performance.

VW TCPA Lawsuit

The VW robocalls lawsuit is brought as a proposed class action seeking injunctive relief, damages and other legal remedies associated with allegedly illegal actions on the part of the defendant. Several of the lawsuit plaintiffs are citizens and residents of California and one is a resident of Texas.

As explained in the VW service robocalls lawsuit, one of the plaintiffs who received repeated calls from Peak Performance said that a prerecorded voice, a pause or an artificial voice were heard on the line before a live person picked up the call. Therefore, he believes that these were auto-dialed calls or prerecorded calls that he did not give any consent to.

Another complainant was the recipient of at least two calls from Peak Performance that encouraged her to bring her vehicle into a dealership for service. The plaintiff believes that those were auto-dialed live calls and the calling did not discontinue after requests to be taken off the list.

Peak Performance, according to the VW service robocalls lawsuit, is a marketing company that has agreements in place with Volkswagen to serve as a customer retention management partner for all VW and Audi vehicles.

However, all of the plaintiffs in this TCPA lawsuit allege that they never provided their consent to receive these phone calls and that they continued to be victimized by the harassing and annoying calls despite asking to be put on a do not call list.

If companies violate the TCPA and this can be illustrated in court, plaintiffs may be able to recover up to $1,500 in statutory damages for each violation.

The VW Service Robocalls Lawsuit is Case No. 2:15-cv-08356-JLS-KS filed in the United States District Court, Central District of California.

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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