Car Dealership Hendrick Honda Harasses Consumers, Invades Privacy With Robocalls, Class Action Lawsuit Alleges

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Car dealership Hendrick Honda engages in illegal violations of the Telephone Consumer Protection Act (TCPA), which has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals, a new class action lawsuit alleges.

The nationwide class action lawsuit was filed in North Carolina on June 14 by lead Plaintiff Frances Rogers, who is seeking statutory damages and injunctive relief against the company’s robocalls.

Between January and February 2021, Rogers says that she received numerous pre-recorded voice messages from Hendrick Honda encouraging her to purchase, rent, or invest in the company’s goods.

“Specifically, the prerecorded messages stated that she was receiving a message from ‘Hendrick Honda’ and that if Plaintiff is interested in a car or SUV, she should come in and test drive a vehicle,” the claim says.

According to the class action lawsuit, Rogers had to stop what she was doing and listen to the pre-recorded message, which occupied her telephone lines and rendered the devices unavailable for the receipt of other calls.

“When Plaintiff listened to the prerecorded messages, she was easily able to determine that it was prerecorded.”

Rogers never gave Hendrick Honda her express written consent to be contacted on her cellphone using a pre-recorded message, something that is in violation of the TCPA, the claim states.

“Defendant’s unsolicited prerecorded message caused Plaintiff additional harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion. Defendant’s call also inconvenienced Plaintiff and caused disruption to Plaintiff’s daily life.”

The TCPA prohibits any person from calling a cellular telephone number using an artificial or prerecorded voice without the recipient’s prior express consent. According to the FCC’s findings, calls in violation of the TCPA are prohibited because, as Congress found, automated or prerecorded telephone calls are a greater nuisance and invasion of privacy than live solicitation calls, and such calls can be costly and inconvenient, the class action lawsuit explains.

Rogers wants to represent anyone in the country who has received a robocall from Hendrick Honda. She is suing for violations of the TCPA and seeks certification of the Class, damages, injunctive relief, legal fees and cost, and a jury trial.

In May, home loan and refinance company First California Financial was hit with a class action lawsuit for allegedly violating the TCPA with robocalls, causing aggravation and annoyance to consumers.

Have you ever received robocalls from a company without giving the company consent to call you? Let us know in the comments section!

Rogers is represented by David M. Wilkerson of The Van Winkle Law Firm and Ignacio Hiraldo, Esq. of IJH Law.

The Hendricks Honda TCPA Violations Class Action Lawsuit is Rogers v. Hendrick Honda, Inc.,  Case No. 3:21-cv-00281, in the U.S. District Court for the Western District of North Carolina.

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