Dodge Dealership in Nevada Accused of Unsolicited Telemarketing

A Nevada Dodge dealership is the subject of a class action lawsuit filed by a California consumer who says he received unsolicited telemarketing texts and calls from the dealer.

Plaintiff Justin N. says that he received illegal telemarketing text messages from Nevada-based Towbin Dodge in January. The day after receiving a text message advertising a vehicle, Justin allegedly received a call from the dealership.

“Plaintiff answered this call and spoke with an agent who identified the company as being Towbin Dodge,” the car dealer spam text class action claims. “Plaintiff asked the agent how Towbin Dodge acquired his phone number, but the agent was not able to answer.”

Justin allegedly “also asked why he was being called by Towbin Dodge, but the agent was not able to answer that question either.”

Justin’s lawsuit also argues that the dealership places unsolicited phone calls to consumers, who have reportedly posted about these solicitations in online forums. One consumer wrote that the dealership called “several times” in one day and “numerous times” in the past. When the customer picked up the calls, they say they were met with silence. When the poster looked up the phone number it came back as Towbin Dodge.

In the unsolicited telemarketing class action, Justin seeks to represent a Class of consumers who received unsolicited calls or spam text messages from Towbin Dodge that were placed without prior express consent.

The Car Dealer TCPA Class Action Lawsuit is Neff v. Towbin Dodge LLC, Case No. 2:20-cv-00261-JAM-DMC, in the U.S. District Court for the Eastern District of California.

Are Unsolicited Telemarketing Texts Against the Law?

Although telemarketing calls, including those from car dealers, are not inherently illegal, they may violate federal law if the telemarketers do not get consumer consent before calling.

Unsolicited calls and texts may be a violation of the Telephone Consumer Protection Act (TCPA). This federal law was established to help protect consumers from annoying telemarketing calls. These calls can cause monetary damage by using up a phone plan, along with causing annoyance and loss of time.

Since passage of the TCPA in 1991, it has been amended and revised to keep its protections relevant. Notable revisions include expanded protections to text messages and the creation of the National Do Not Call Registry.

Under TCPA, businesses cannot justify unsolicited robocalls and spam texts even with an established business relationship. Even if a consumer has done business with a company before, the business must receive prior express written consent in order to send robocalls or automated texts.

Consumers who received unsolicited calls from car dealers may be able to collect damages under TCPA. The act allows consumers to collect statutory damages through a TCPA lawsuit or class action to the tune of up to $500 for negligence violations or up to $1,500 for willful violations.

If you think you are eligible for damages under TCPA, you may want to speak with a qualified lawyer. An experienced attorney can help determine your eligibility along with your next steps.

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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