Is a Car Dealership Texting You Without Express Prior Written Permission?

Car dealerships may be sending texts and calls to potential customers without express prior written permission, violating a federal law that protects people from bothersome spam messages.

The Telephone Consumer Protection Act (TCPA) is a law enacted in 1991 that protects people from having their privacy invaded by businesses sending them messages advertising their goods and services. The TCPA aims protect people’s privacy even as technology evolves, making it easier than ever for businesses to connect with potential customers.

To protect customers, the TCPA prohibits businesses from contacting an individual using an automatic telephone dialing system, sending mass texts, calls, and faxes, advertising products and services, contacting anyone on a National Do Not Call Registry, or contacting someone without getting their prior express written permission.

Car dealerships are one kind of business that has recently been taken to task for allegedly violating the TCPA. Customers have filed consumer complaints alleging that car dealerships contacted them using autodialers or reaching out without their permission.

Some people have even filed lawsuits against car dealerships, aiming to hold them accountable for violating the TCPA. In recent lawsuits, customers have claimed that car dealerships have bothered them with texts and calls promoting the business’ products and services. 

A Florida resident filed one such lawsuit against Grieco Ford Fort Lauderdale LLC, claiming that the company contacted him via text message, claim gin that they had reached out to him about purchasing his car, and requesting that he make contact with the business again.

However, the recipient of the text message said that he had not reached out to the dealership about selling his car and had not given the dealership permission to contact him. he also said that many other people had made online complaints about receiving similar messages from the dealerships.

The TCPA’s requirements cover phone calls, text messages, and faxes. Over the years, the TCPA has evolved to incorporate developing technology. In October 2018, the National Law Review reported on a debate that is hatching over whereto the TCPA’s ban on using automatic telephone dialing systems should include systems that can call pre-dialed numbers. By some strict interpretations, this could even include smart phones, which store pre-dialed numbers. 

Despite the government’s efforts to protect people from the annoyance and invasion of privacy caused by spam texts, calls, and faxes, some businesses may still report to these methods unlawfully to connect with potential customers and up their business.

Some consumers have filed lawsuits against businesses that they believed unlawfully sent them text messages, calls, and faxes, doing so without receiving an individual’s express prior written permission.

Happily, some customers may be able to receive compensation for the invasion of their privacy caused by spam calls and messages. In 2011, Lithia Motors agreed to settle a class action lawsuit claiming that the nationwide dealership had violated the TCPA. The company agreed to pay $2.5 million to end these claims from many consumers. DrivingSales reported on the settlement, advising dealerships to honor the TCPA and avoid the mistakes Lithia made. 

Join a Free Car Dealership TCPA Violations Class Action Lawsuit Investigation

You may be eligible to join this lawsuit investigation into car dealership TCPA violations under the following circumstances:

• You did NOT provide express permission in writing to the car dealership to receive the calls or messages.
  You did NOT purchase a vehicle from the dealership that is contacting you.

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