Florida Car Dealership Calls and Texts Might Violate TCPA

Florida car dealership calls could be violating the Telephone Consumer Protection Act (TCPA).

Grieco Ford of Fort Lauderdale recently agreed to a $4.8 million settlement regarding allegations the car dealership violated the TCPA by sending unwanted calls and text messages to consumers’ cell phones.

The federal class action lawsuit alleged the dealership launched a campaign that consisted of “unsolicited marketing directly to consumers’ cellular telephones, harming thousands of consumers in the process” to try to increase sales.

The lawsuit alleged the “illegal conduct has resulted in the invasion of privacy, harassment, aggravation and disruption of the daily life of thousands of individuals.”

A marketing company out of Las Vegas, Reliable Response, purportedly designed Grieco Ford’s campaign. The company was not named as a defendant in the lawsuit but promotes buyback campaigns that can result in 10 to 20 percent success rates, according to its website. That means car dealerships can sell anywhere between 20 to 30 cars for every 1,000 clients reached.

FCC Enforcement of TCPA

According to the TCPA, companies are not allowed to use certain automated equipment to send text messages, make phone calls or send faxes to a consumer unless that consumer has provided express permission in writing to the company. Since 2012, telemarketers have not been able to use an “established business relationship” to avoid receiving such consent from consumers.

In addition, telemarketers must provide an automated and interactive way for consumers to opt-out of a robocall and stop the calls from continuing.

The Federal Communications Commission (FCC) oversees the TCPA enforcement. In November 2017, the FCC gave telephone companies permission to block calls from spoofed (fake) phone numbers that do not or cannot originate telephone calls. By blocking invalid or unassigned numbers, the phone companies can possibly block spam calls before they reach consumers’ lines.

In 2017 alone, the FCC proposed more than $200 million in fines against illegal telemarketers.

Car Dealership Calls Accused of TCPA Violations

Car dealerships might find it hard to resist violating the TCPA to capture car sales, but the violations can add up in hefty fines and class action lawsuit settlements.

One woman filed a lawsuit in 2017 against Lokey Volkswagen of Clearwater, Florida after she allegedly received text messages from the dealership encouraging her to schedule a service appointment for a problem related to a 2007 recall. She claimed she had not had her vehicle serviced at Lokey for more than 10 years and had not provided the company with permission to contact her.

Naples, Florida dealership Naples Nissan agreed to a $5.7 million class action lawsuit settlement in 2017 after allegedly making several hundred thousand unsolicited phone calls.

Back in 2012, Lithia Motors Inc. settled a class action lawsuit for $2.5 million after the company allegedly violated TCPA by sending over 100,000 unsolicited text messages to consumers in an effort to boost sales. In that case, Lithia’s third-party text messaging vendor opted to pay the $2.5 million.

If you live in Florida and have received unwanted car dealership calls or text messages in violation of the TCPA, you could benefit from speaking with a qualified attorney regarding your legal options.

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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