Car Sales Phone Calls Violate Federal Law, Man Claims

A Florida resident recently filed a lawsuit against a Chevrolet dealership, alleging that the company uses prerecorded car sales phone calls in violation of federal telemarketing laws.

The plaintiff, Marc R., alleges that in the last four years, the dealership—Steve Moore Chevrolet in Florida—has placed a number of prerecorded car sales phone calls to his cell phone, despite the fact that he had not first given his written consent for these calls.

According to Marc’s lawsuit, Steve Moore Chevrolet uses prerecorded messages to place car sales phone calls with consumers without their consent, violating the rules of the Telephone Consumer Protection Act, or TCPA. These violations result in the “invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals,” Marc’s lawsuit alleges.

Marc filed his lawsuit on March 22 in the U.S. District Court for the Southern District of Florida. Marc filed this litigation as a proposed class action, on behalf of himself and thousands of others in a similar situation. Class Members include those who within the four years leading up to this lawsuit’s filing received prerecorded car sales phone calls from Steve Moore Chevrolet without prior express written consent.

Basics of the TCPA

What exactly is the TCPA? The Telephone Consumer Protection Act was first introduced back in 1991, and has always served as a method of protecting consumers against unwanted solicitation using technology. Over the years, the exact rules of the TCPA have been updated to keep up with modernized technologies. Now, communications including SMS text messaging, robocalls, and pre-recorded voice messaging systems are regulated by the TCPA.

Not all autodialed phone calls violate the TCPA. However, there must first be “prior express written consent” from consumers for automated telemarketing calls placed to their wireless numbers. This written consent must be in a form that ensures the plaintiff has a “‘clear and conspicuous’ disclosure’ of the consequences of providing the requested consent….and having received this information, agrees unambiguously to receive such calls,” notes the lawsuit.

Filing a Car Sales TCPA Lawsuit

Most of us are familiar with autodialer systems and robocalls—indeed, it is not uncommon for businesses to use these practices, even when consumers have not agreed in prior written consent. Often, consumers who are on the national Do-Not-Call Registry still find themselves regularly receiving these telemarketing calls.

But if consumers do not know their rights under the TCPA and do not know that they have the power to report these violations or receive compensation, businesses can often get away with these violations. Taking action against TCPA violations can help hold a company accountable for their actions, and may also provide compensation for the consumer. Negligent violations of the TCPA may incur a $500 fine, and a willful or knowing violation of the TCPA may result in a $1,500 fine.

If you have received car sales phone calls from Steve Moore Chevrolet or another car dealership and an autodialer system was used without your consent, the company may have violated the TCPA, and you may be able to file a lawsuit.

Keep records of messages or phone calls that you believe violate the TCPA as evidence in order to help make your lawsuit as effective as possible.

The Car Sales Phone Calls Lawsuit is Case No. 9:19-cv-80399-XXXX, in the U.S. District Court for 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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