KJ McElrath  |  October 14, 2019

Category: Legal News

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annoying phone callUnwanted robocalls from car dealers are not only annoying and take up time and data – under the Telephone Consumer Protection Act (TCPA), they are illegal.

Over the past three decades, unsolicited calls have gone from an occasional nuisance to a plague of biblical proportions. On the average, a U.S. phone subscriber gets about 20 robocalls a month. Fortunately, federal regulations have given consumers effective tools with which to fight back.

What Are Robocalls?

Virtually everyone has at one time or another answered the phone to be greeted by a recorded or computer generated message. Such calls are generated by a device known as an Automatic Telephone Dialing System (ATDS). These systems are capable of generating, storing and calling thousands of numbers at a time, making them very inexpensive to use.

Aren’t Robocalls Illegal?

In many cases, robocalls are illegal. There are a few exceptions:

  • political candidates campaigning for office
  • charities soliciting donations
  • schools issuing closure alerts
  • debt collectors (subject to certain rules – for example, they may not call before 9 a.m. or after 9 p.m. local time)

A company may also call you if you have a prior relationship (i.e., you have done business with them in the past) and you have given your express consent. This means that a company such as a car dealership has provided you with an actual form that has a “clear and conspicuous disclosure” that you’ve agreed to receive messages, and you have signed it.

Otherwise, if you are receiving robocalls from car dealers (or anyone else), the caller is violating the law – particularly if you are on a limited plan and must pay for incoming data (in other words, you are getting unwanted advertising message and you have to foot the bill).

How Can I Stop Unwanted Robocalls?

The best immediate defense is to simply hang up, or – if it is from a number you do not recognize – don’t even answer. Unfortunately, scammers are clever, and in recent years have figured out ways to “hijack” other phone numbers in order to make it appear to the recipient that the call is from a local, legitimate source.

The next thing to do is to visit the National Do Not Call Registry and register up to three numbers. This should stop any and all telemarketers from contacting you after 31 days. This is a free service provided by the Federal Trade Commission (FTC).

I’m Still Getting Robocalls From Car Dealers. What Can I Do?

If you have registered your phone(s) and are still receiving unwanted robocalls after 31 days, you should file a complaint with the FTC or the Federal Communications Commission (or both). Under the TCPA, those who make robocalls or send text messages or “ringless” voicemails without the recipient’s consent are subject to civil and possible criminal penalties.

Your carrier may also be able to automatically block such calls for you on their end.

The TCPA also gives consumers the right to bring legal action against the callers. Violators can be liable for up to $1500 per call.

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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5 thoughts onHow Do I Stop Getting Robocalls from Car Dealers?

  1. Denise Gendreau says:

    Is there anything about car warranty renewals? I get an average of 7 calls a week trying to sell me extended car warranty. I have not owned a car or driven since 2006. How can I stop these calls

  2. Judith Aldridge says:

    I checked my car vin number on carfax. I was blasted with texts and voicemails from serval car dealerships asking me if I wanted to trade my car in for something new on there lots. I was received 3 to 5 calls a day for a couple of weeks it was really anoining and I finally took my car information off the carfax app

  3. Danielle Cooper says:

    Add me

  4. Nathaniel Holsey says:

    Add Me Please

  5. Johnny Williams says:

    add me

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