Hyundai Dealership’s Texts Are Illegal Without Express Written Consent, Class Action Says

Hyundai Motor America Inc. is facing a new class action lawsuit alleging the company had sent numerous unwanted solicitation text messages without express written consent from consumers.

The car dealership TCPA lawsuit was filed by a woman from California, who claims she received numerous unwanted text messages from the car dealership soon after stopping by its location.

According to the claim, plaintiff June A. had stopped by Russell Westbrook Hyundai of Garden Grove in early January 2019 for a test drive. At some point after the visit, June reportedly received multiple text messages from Westbrook Hyundai for typical solicitation purposes.

“I hope all is well. It’s John again from GG Hyundai. How is everything going with your car shopping? Thanks. Hope you are doing well,” one text said.

The car dealership TCPA lawsuit alleges the text messages disrupted June’s daily life and became a nuisance to deal with.

The claim further states that these messages were in violation of the Telephone Consumer Protection Act (TCPA) because they were sent without prior express written consent from June or other affected consumers.

Overview of TCPA Policy

The TCPA was enacted in the early 1990s to help protect consumers against aggressive telemarketers and their persistent calls.

The TCPA requires telemarketers to only call during reasonable day time hours and to cease contacting consumers when asked. When a consumer asks not to be contacted, they must be placed on the company’s do-not-call list, and that request must be respected for the next several years.

Another significant provision of the TCPA is requiring companies to get prior express consent from consumers before using any automated dialing systems to contact them, especially with those involving texts and pre-recorded voicemails.

An automated dialing system generates and places calls and texts to random phone numbers, but can be illegal if not used according to TCPA regulations. One of these requirements is prior express written consent, which means that the consumer is clearly authorizing the caller to send solicitation messages using an automated dialing system.

The agreement must list the telephone number that the consumer is authorizing, with the company providing a clear disclosure stating that the consumer is agreeing to receive automated calls. The agreement must also clearly state the consumer is not required to sign the agreement as a condition of purchase or service.

It is important to note that the express prior consent does not have to be on physical paper, with many companies opting for electronic or digital options.

Hyundai Motor America and Westbrook Hyundai allegedly failed to get prior express consent from June or other consumers, she claims. According to the claim, the proposed Class is anyone in the United States who received a solicitation message from Hyundai and its affiliates between April 15, 2015 to present date. This Class may contain thousands of members.

Statutory damages for violating the TCPA range between $500 to $1,500 per unwanted call or text message, depending on whether or not willful violation can be proven.

This Car Dealership TCPA Class Action Lawsuit is Case No. 8:19-cv-00699, in the U.S. 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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