Class Action Says California Car Dealer Sends Spam Messages

A California resident has launched a class action lawsuit against Tricolor California Auto Group, saying that the company violated federal law by sending prerecorded telemarketing calls to customers without their consent.

Covina, California resident Alexander Shen says that even though he has never given Ganas Auto Group his phone number or permitted the company to text him, that did not stop the dealerships from sending him spam messages. He says that many other customers receive similar spam messages. According to Shen, the auto dealership makes a practice of violating the Telephone Consumer Protection Act (TCPA) and customer privacy by sending them telemarketing messages in the interest of making a sale.

The TCPA is implemented by the Federal Communication Commission (“FCC”), who notes, according to the suit, that pre-recorded calls are prohibited because, “as Congress found, they are a greater nuisance and invasion of privacy than live solicitation calls.”

Shen explains that Tricolor California Auto Group does business as Ganas Auto Group, which is a car dealership selling cars and car insurance, and providing financing services. Allegedly, the company sends out text messages and phone calls to communicate with customers directly about business matters, and for telemarketing purposes.

Digital Dealer notes that many car dealerships may use telemarketing to communicate with customers, but cautions them to adhere to the requirements of the Telephone Consumer Protection Act.

The Tricolor/Ganas Auto Group spam messages class action lawsuit goes on to explain that on May 6, 2020, around 9:00 a.m., he received a text message from the company saying, among other things, “we want to hear from you. Please click below!” The text was allegedly accompanied by a link.

Allegedly, the message also said “Txt STOP to unsub.” Per the message’s prompts, Shen states that on May 7, 2020, at 11:48 a.m., he sent “STOP” to the message, as he no longer wanted to receive communication from the company. He says that he received an automated response from the company, saying “You have successfully been unsubscribed. You will not receive any more messages from this number. Reply START to resubscribe.”

However, Shen states that he continued to receive contact from the company, in the form of spam calls. He says that on May 28, 2020, he received a prerecorded call to his cell phone regarding insurance premiums. This message was followed by a second and third call, he states. Allegedly, he spoke to an agent and asked the company to stop contacting him.

Shen says that he is just one of many consumers who are affected by unwanted and annoying spam messages from Ganas Auto Group. According to Shen, the company sends out a range of communication types, including text messages asking for reviews, pre-recorded calls advertising financing and insurance services, and more. Shen states that the company’s practices around spam messages violate the Telephone Consumer Protection Act. 

Shen says that the company sends these spam messages even if customers do not agree to receive them, and allegedly also sends them to customers whose numbers are on the National Do Not Call List, which is reportedly against the law. Consumers can report these violations to the FCC.

Shen then moves on to taking issue with the ways in which the company sends the messages, noting that customers do not have sufficient opportunity to opt out from the messages. The California auto dealership spam messages class action lawsuit says that the dealership makes a practice of sending these messages to consumers even after they attempt to opt out, another tactic which also is against the law.

The Ganas Auto Group spam messages and calls class action lawsuit says that Shen and many other customers had their privacy violated by the Ganas Group, and were forced to use their cell phones and data plans for unwanted messages. He says that the company wasted the time of the recipients, causing them annoyance and inconvenience, as well as expense. Shen seeks damages on behalf of himself and all similarly affected consumers.

The Tricolor California Auto Group TCPA Spam Message Class Action Lawsuit is Alexander Shen v. Tricolor California Auto Group LLC, Case No. 2:20-cv-07419, filed in the US District Court for the Central District of California.

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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