Kim Gale  |  January 23, 2020

Category: Legal News

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Angry man points at his cell phoneA Florida woman has filed a class action lawsuit against a Georgia car dealership that allegedly refused to stop sending her spam text messages.

Lead plaintiff Stacy Rodriguez accuses Mall of Georgia Chrysler Dodge Jeep of violating the Telephone Consumer Protection Act (TCPA) several times in 2019. Rodriguez alleges the dealership sent unwanted text messages to her cell phone number and others who had either never provided consent for the dealership to text them or had expressly asked the dealership not to send them text messages.

Rodriguez says she received telemarketing texts from Mall of Georgia Chrysler Dodge Jeep on about Sept. 4, 2019; Sept. 17, 2019; Aug. 15, 2019; and Dec. 1, 2019.

At least one of the spam texts tried to convince her to visit the dealership to trade in her Dodge Dart for either a Dodge Charger or Challenger. Several other text messages referred to her as a customer named Wade. When Rodriguez texted back to let them know they had the wrong person, she received an automated text message that the dealership was “currently closed but someone will get back to you when we open.”

Rodriguez says that on Oct. 4, 2019, she finally sent a certified letter in the mail to the dealership to notify them she never consented to receive their text messages. The letter allegedly was ignored because she received another automated text message on Dec. 1, 2019.

How Spam Text Messages Violate TCPA

According to the Federal Communications Commission, the TCPA is a U.S. federal law that prohibits businesses from calling or texting a cell phone number using an automated dialing system without receiving prior consent from the recipient. The TCPA also makes it illegal for businesses to contact consumers through a robocall that includes communication from a recorded or artificial voice unless the consumer has given permission to be contacted in such a manner. The law is applicable whether or not a phone number is listed on the National Do Not Call List.

The complaint alleges the text messages came from an automatic telephone dialing system (ATDS). In order to legally send ATDS-generated text messages to someone, the sender must receive express written consent from the recipient.

Rodriguez alleges she tried to opt-out of such messages on Sept. 17, 2019, by responding to the car dealership’s text, and again by sending the certified letter on Oct. 4, 2019. She clarifies in the lawsuit that she is the subscriber and sole user of the cell phone number assigned to her cell phone and is financially responsible for the phone service to that number.

She further alleges the car dealership knew or should have known that it was violating the TCPA by sending spam text messages to cell phone numbers through the use of an ATDS without receiving prior consent to do so.

Any defendant who knowingly violates the TCPA may face tripled statutory damages per violation.

Mall of Georgia Chrysler Dodge Jeep calls itself a family-owned dealership and is located in Buford, Ga. The company’s website says it has been in business for 25 years.

The Spam Text Messages Lawsuit is Stacy Rodriguez vs. Capco Acquisitions, LLC d/b/a Mall of Georgia Chrysler Dodge Jeep, Case No. 6:19-cv-02375-WWB-LRH, in the U.S. District Court for the Middle District of Florida.

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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