Consumers Allege Car Companies’ Marketing Tactics Violate Federal Telemarketing Law

In several recently filed class action lawsuits, consumers claim that car companies are using ringless voicemail and pre-recorded robocalls to market their vehicles and services.

Not only are these telemarketing tactics annoying and distracting for consumers, but they also may violate a federal law called the Telephone Consumer Protection Act (TCPA).

What Are Car Companies Doing?

Consumers are alleging that they received unsolicited calls from car companies, including robocalls and ringless voicemails encouraging the purchase of certain vehicles. The consumers who have received them say that these kinds of calls are unwanted, annoying, distracting, cause them to waste time, and violate their privacy.

Additionally, car company pre-recorded robocalls and ringless voicemails can cause space to be taken up on cell phones and cause them to be unusable when consumers’ voicemail boxes fill up.

In one recent lawsuit filed in Florida, a plaintiff claimed that Fiat-Chrysler left her a ringless pre-recorded voicemail marketing a Chrysler Pacifica Hybrid. Even though her phone didn’t ring, a voicemail was left on it. She argues in the lawsuit that the voicemail diverted her attention and caused inconvenience, in addition to depleting the battery life on her phone.

A similar class action lawsuit was recently filed in California by a plaintiff claiming Hyundai made at least two pre-recorded robocalls to his cell phone, even though he was on the Do Not Call List.

In addition to car manufacturers facing legal action for potential TCPA violations, consumers have contended that car dealerships use these marketing tactics as well — such as in the case of a Florida Chrysler dealership.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) is a federal law that was enacted in 1991 to help protect consumers from unsolicited communications from telemarketers. Under the statute, businesses are prohibited from making robocalls or using automatic telephone dialing systems to contact consumers on their residential landlines or cell phones without their consent. Even if consumers provide consent, businesses can only make calls between 8 a.m. and 9 p.m.

Additionally, the TCPA was revised in 2003 to establish the National Do Not Call Registry, offering additional protection for consumers who do not wish to receive unsolicited calls from businesses.

Although some car companies might argue that ringless voicemails are not explicitly prohibited by the language of the TCPA, several federal judges have recently held that these communications are subject to the statute.

Under the TCPA, a consumer may be entitled to receive $500 per call made in violation of the statute. If a consumer can show that there was a willful violation of the statute they may be eligible to receive up to $1,500.