Chrysler Voicemail Lawsuit Says Car Dealership Left Ringless Voicemails

A Florida woman has filed a class action lawsuit against a Chrysler dealership in Florida, alleging that the company violated the terms of the Telephone Consumer Protection Act (TCPA) by leaving voicemails on her phone without her consent.

TCPA Lawsuit

This new class action lawsuit regarding TCPA violations was filed by plaintiff Brittany C. of Broward County, Fla. against Massey Yardley, a local car dealership selling Chrysler, Dodge, Jeep, and other vehicles. Brittany claims that the Chrysler dealership sent her pre-recorded “ringless” voice messages for marketing purposes without her express consent.

Brittany is suing on behalf of herself, as well as anyone else who was similarly contacted by Massey Yardley. According to her lawsuit, thousands may have been affected by this marketing tactic.

According to Brittany’s TCPA lawsuit, Massey Yardley called her phone on Nov. 14, 2018, at approximately 2:58 p.m. The pre-recorded voice message used to contact Brittany identified the caller as Steve Sivon from Massey Yardley, she says. Brittany claims that this call was part of a marketing effort by Massey Yardley to solicit her into purchasing a new car.

Brittany’s lawsuit claims that these voicemails robocalls caused Brittany and other members of the class action lawsuit to suffer damages including aggravation, nuisance, loss of time, and invasion of privacy.

What is the TCPA?

The TCPA has been cited in numerous lawsuits over the past several years, following a statement released by the Federal Communications Commission (FCC) in 2012 updating and clarifying the terms of the Act. This statement clarified that autodialed calls, pre-recorded calls, and marketing text messages cannot be made to customers without their express consent.

According to the FCC, the TCPA was instituted in 1991 to protect consumers from being harassed by commercial telemarketers. The FCC lists the regulations and compliance rules as well. For those who have been affected by unwanted and illegal phone calls, violations of the TCPA may result in damages of $500 to $1,500 per violation.

In addition to marketing efforts, TCPA violations sometimes occur in the course of debt collection. JP Morgan faced allegations of violating the TCPA, and the company finally settled that lawsuit.

In 2012, the FCC updated and clarified the terms of the TCPA. There are many regulations set in place by the TCPA, including:

• Telemarketers may not call numbers listed on the national Do-Not-Call list, or on their company’s specific Do-Not-Call list.
• Calls may only be made between 8 a.m. and 9 p.m. local time.
• All pre-recorded messages must identify the name and phone number of the company responsible for the call.
• Companies must have prior express consent in order to make automated calls to a consumer.
• Consumers must be able to revoke consent to be called at any time.
• Companies may not send automated texts to consumers without consent.
• Consumers must be given an option to “opt out” of receiving automated text messages.
• Callers must disconnect an unanswered telemarketing call before four rings or 15 seconds.

If you have been subject to harassing calls or texts from a company without your consent, you may be eligible to join a free TCPA class action lawsuit or investigation.

The Car Dealership TCPA Class Action Lawsuit is Case No. 0:18-cv-62908-WPD in the U.S. District Court in the Southern District of Florida.

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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