Car Dealership Calls and Ringless Voicemails Allegedly Violate TCPA Regulations

Consumers have been allegedly receiving car dealership calls that may be violating the Telephone Consumer Protection Act (TCPA) by leaving “ringless” voicemails on their phones.

One of the most recent lawsuits raising these allegations was filed by a man from Florida, alleging he received an unwanted call to his cellphone.

Plaintiff Rick G. recently filed this TCPA lawsuit, alleging defendants Kendall Lakes Automotive LLC and Kendall Dodge Chrysler Jeep and Ram had placed unwanted car dealership calls to his cellphone without prior consent.

According to the TCPA lawsuit, Rick received a pre-recorded message on Oct. 17, 2018, from Kendall Chrysler Dodge Jeep and Ram regarding one of their vehicles.

More specifically, the prerecorded message allegedly stated he was eligible to receive a special financing offer on the company’s 2018 model year end clearance sales and said the sale was that Saturday.

Rick states he never gave the car dealership prior consent to contact him for any marketing or solicitation purposes, which included permission of using an automated dialing system to contact him.

Overview of TCPA Regulations and Ringless Voicemails

According to Experian, under TCPA regulation, automated dialing systems cannot be used to contact consumers unless the company is given express prior consent from said consumers. This regulation applies to faxes, text messages, and phone calls.

Rick alleges this prerecorded message caused him harm by invading his privacy, as well as aggravated annoyance and disruption.

This TCPA lawsuit is novel because it references a recent issue that has come up for solicitors and consumers in the form of “ringless” voicemail messages. Ringless voicemails allow callers to submit a voicemail without causing the cell phone to ring. They also do not result in charges for the consumer. This technology has been present for approximately three years and has already been utilized by companies to deliver messages to consumers worldwide.

The use of this technology has been on the rise due to the high rates of callbacks from consumers, as high as 11 percent in some cases. Most common users of ringless voicemails are debt collectors, financial institutions, and student loan servicers.

Even though ringless voicemails are supposed to be minimally invasive to consumers, Rick argues that they still fall under TCPA regulation because they still utilize pre-recorded messages. This is significant because it is the same technology that transmits spam text messages to cell phones, which requires express prior consent under the TCPA.

Rick’s TCPA lawsuit alleges the car dealership calls utilized this technology when placing that voicemail, which the companies allegedly knew was a violation under federal privacy laws.

Rick is not only seeking compensation for himself but a whole Class of consumers who may have received unwanted solicitation voicemails from Kendall Lakes Automotive. Depending on whether or not willful violation can be proven, Rick could receive up to $1,500 per unwanted solicitation voicemail.

Consumers who are considering seeking compensation for unwanted voicemails, phone calls, text messages and faxes should document the following information about relevant communications:

• Date and time of call
• Summary or purpose of call
• If prior consent had been previously given
• If consent had been revoked

This TCPA Ringless Voicemail Lawsuit is Case No. 1:18-cv-24397-UU, in the U.S. District Court of Southern 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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