Do You Need a Car Dealership Lawyer for TCPA Violations?

If you have received unwanted calls or text messages from a car dealership, you may have legal rights under the Telephone Consumer Protection Act (TCPA). Consumers who believe their privacy rights have been violated by intrusive or harassing solicitation phone calls may be able to speak to an experienced attorney about filing a TCPA lawsuit.

What Is the Telephone Consumer Protection Act (TCPA)?

The Telephone Consumer Protection Act (TCPA) was established in 1991 to protect consumers from being harassed by solicitors and telemarketers. After several changes to the law over time, such as the addition of rules against spam texts, the Federal Communications Commission (FCC) released a declaratory order in 2015 that more clearly defined terms included in the TCPA, and clarified who is covered by the law and how it may be enforced.

According to TCPA regulations, solicitors, which includes both individuals and businesses, may not contact consumers using an automated dialing system or a pre-recorded voice unless the consumer has given prior express consent. Many businesses use auto-dialing systems to send calls or text messages to hundreds or thousands of consumers at once.

Although the pre-recorded or pre-written messages may be made to look as though they are a single message tailored to an individual, this kind of advertising is prohibited under the TCPA unless consumers have opted in. Additionally, even after giving express consent, the TCPA requires solicitors to allow consumers to opt-out of receiving these calls or texts at any time.

This prior express consent requirement was a 2012 modification to the TCPA, which also states that telemarketers cannot claim an “established business relationship” with consumers to avoid this new requirement.

Other TCPA regulationsrequire telemarketers to abide by the National Do-Not-Call Registry and refrain from contacting consumers who have registered their phone numbers with the list, as well as abide by time constraints that prohibit solicitors to call before 8 a.m. or after 9 p.m.

The Telemarketing Sales Rule (TSR) also requires telemarketers to immediately identify which seller or charitable organization they’re calling from, and be upfront in disclosing that it’s a sales call or a charitable solicitation. Telemarketers must also truthfully disclose all material information about the goods or services they’re offering and the terms of the sale. Lying about any terms of the offer is expressly forbidden.

Exceptions to the TCPA allow for emergency calls to be made to consumers without their prior consent, as well as calls that are purely informational and do not contain advertisements. However, calls and messages from car dealerships containing information regarding sales, special pricing, or deals may all be prohibited.

How Are Telephone Consumer Protection Act Violations Managed?

Signing up for the National Do-Not-Call Registry helps prevent most legitimate businesses from making these kinds of calls. However, it will not prevent other companies and scammers who are willing to ignore the law, especially with the rise of scam technology like neighbor spoofing, to disguise their number, making it appear as though it’s a local call.

The Federal Trade Commission (FTC) receives millions of reports every year about violations of the TCPA and the Do-Not-Call Registry. While the FTC cannot respond to each complaint, reporting violations can help the agency gather data on telemarketing trends and respond with technology and litigation to help combat the rising tide of telemarketing and spam calls.

Despite regulations spelling out how and when solicitors may contact consumers, many businesses routinely violate the TCPA. According to consumer reports, car dealerships are common repeat offenders. These businesses may contact consumers who have never done business with them in an attempt to convince them to purchase a new vehicle.

Car dealerships and other businesses that violate the TCPA by continuing to send consumers unwanted calls and texts may be subject to warnings, fines, or lawsuits. Consumers can report the violations to the FCC, or hire an attorney to pursue litigation against the offending companies. Victims of TCPA violations may be able to collect $500 for each violation and up to $1,500 if they can prove that the violations were willful.

How Can a Car Dealership Lawyer Help You with TCPA Violations?

Although consumers who are being harassed by solicitation calls may be able to use s call blocking app or internal call blocking software on their phone, these methods are not always effective. Many solicitors will simply call from other phone numbers if their calls are not getting through. Call blocking apps also sometimes block calls that are not spam. Registering your number with the National Do-Not-Call Registry may also be an option, but not every solicitor abides by that list.

In some cases, it may be most effective to hire legal representation to file a lawsuit against the car dealership or other business. An experienced car dealership lawyer may be able to help you persuade solicitors to cease calling you, as well as collect compensation for any TCPA violations.

Car Dealership TCPA Settlements

Consumers who have consulted with a car dealership lawyer have been able to secure lucrative class action settlements that hold companies accountable for illegal telemarketing.

A recent settlement was resolved with Oklahoma car dealers agreeing to pay $850,000 to end a class action lawsuit that alleged the car dealers sent spam texts to consumers without permission. Consumers who received the text messages may receive a portion of the settlement by submitting a claim form.

In 2019, two Florida car dealerships agreed to pay millions to end class action lawsuits alleging they violated the TCPA.

Grieco Ford of Fort Lauderdale was accused of sending robocalls to consumers without prior consent. The dealership agreed to pay $4.8 million to end the litigation as a part of a settlement agreement that reportedly paid Class Members up to $180 each.

The other class action settlement was reached with Schumacher Automotive of Florida. Schumacher was accused of sending unwanted text messages to consumers between 2014 and 2019. The dealership agreed to pay $5 million to end the litigation. In that settlement, Class Members were entitled to a $180 payment as well.

Class action settlements for car dealership TCPA violations were reached with another Florida dealership in 2017. Naples Nissan agreed to pay $5.7 million to end allegations it made thousands of unwanted telemarketing calls.

In 2012, a third-party advertising company ponied up $2.5 million to settle claims that it sent hundreds of thousands of unwanted text messages on behalf of an Oregon car dealership.

What to Look For in a Car Dealership Lawyer

If you decide to pursue litigation against a car dealership that has been sending you intrusive messages or calls, you may want to speak with an experienced car dealership lawyer. Attorneys who have knowledge of the TCPA and consumer privacy laws, as well as experience filing TCPA cases, may be best suited to help you in your lawsuit.

How to Find a Car Dealership Lawyer

If you are being harassed by intrusive advertising calls or text messages and are considering hiring an attorney, you may not know where to start. Top Class Actions has partnered with qualified attorneys who are experienced in handling TCPA violation cases. A specialized lawyer can help determine if you have a viable TCPA lawsuit. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

It is helpful to keep voicemails and texts that you believe violate TCPA rules, as they can be valuable evidence in building a strong legal claim against the dealership.

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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