Car Dealership’s Prerecorded Voicemail Violated Telemarketing Laws, Says Maryland Plaintiff

A class action lawsuit accuses a Maryland car dealership of violating the Telephone Consumer Protection Act by sending prerecorded messages without the recipients’ consent. 

Plaintiff Christi Burchett has filed her TCPA class action lawsuit against Bob Bell Hyundai, a car dealership in Glen Burnie, Md. She says that she received a prerecorded message from the car dealership, despite the fact that she had not given the dealership permission to call her. She claims that the call violated the Telephone Consumer Protection Act, and says that the dealership has sent similar unwanted calls to many other individuals.

Burchett says the prerecorded message offered her an opportunity to upgrade her vehicle for a “really aggressive offer” if she traded her vehicle in for a newer model.

Allegedly, the message claimed that many people were in the market for a transition vehicle, and that the demand for vehicles like Burchett’s was higher than it had been in months.

According to the car dealership TPCA violation class action lawsuit, Burchett could easily tell that the message was a pre-recorded one.

Allegedly, the call to Burchett violated the Telephone Consumer Protection Act for a number of reasons. The car dealership TCPA class action lawsuit says that the TCPA prohibits businesses from placing telemarketing calls, texts, or faxes that advertise goods or services, if the recipient has not given their prior express consent to receive such communications.

Allegedly, the call placed by Bob Bell Hyundai was a telemarketing call because it attempted to inspire Burchett to do business with the car dealership. Additionally, Burchett claims that that the message violated the TCPA because she had not given her consent to receive the call.

Further stressing that she did not give her consent to receive the message, Burchett notes that after she received the message, she contacted the dealership and asked that she not be contacted.

The Bob Bell Hyundai TCPA violation class action lawsuit goes on to claim that the car dealership violated the TCPA by sending a prerecorded message — the TCPA allegedly prohibits businesses from using prerecorded messages for telemarketing purposes if recipients have not consented to receive the messages.

Burchett says that the car dealership makes a widespread practice of sending such messages, and says that many other individuals received similar messages. She says that she and other individuals were injured by the messages because their privacy was violated and they were bothered by the messages.

Burchett says that she was caused “aggravation, annoyance, intrusion on seclusion, trespass, and conversion.” Allegedly, her work day was disrupted, because she received the message while at work.

Burchett seeks damages on behalf of herself and all similarly affected consumers.

TCPA violations are a widespread issue, and experts in the car dealership industry advise car dealers to understand the rules around contacting potential customers, noting that there can be steep penalties for violating the law according to AutoRaptor.

The Maryland Car Dealership TCPA Violation Class Action Lawsuit is Case No. 1:19-cv-02298-DKC, in the U.S. District Court for the District of Maryland.

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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