Hyundai ‘Ringless Voicemail’ Class Action Lawsuit Alleges TCPA Violations

Ringless voicemails from auto manufacturers and car dealerships are not only annoying and distracting, but they may also be against the law.

A class action lawsuit filed against Hyundai Motor America in a California federal court in April 2020 alleges that the car company’s telemarketing tactics violated the Telephone Consumer Protection Act — and seeks to hold it accountable.

Lead plaintiff Alain Michael contends that he received at least two pre-recorded ringless voicemails from Hyundai Motor Corp. on his cell phone, despite being on the Do Not Call list. In the lawsuit, he argues that the calls invaded his privacy, disrupted his daily life, caused him aggravation, inconvenience, and annoyance.  

Michael maintains that not only was he affected by the car company’s “aggressive unsolicited marketing,” but thousands of other consumers were as well.   

Michael requests that he and each class member be awarded $500 in statutory damages for each TCPA violation and $1,500 for each Hyundai ringless voicemail that constitutes a “knowing and/or willing” violation. He also requested an injunction to stop the car company from making future calls.   

Do Ringless Voicemails Violate the TCPA?

The Hyundai class action lawsuit alleges that the automaker attempted to “circumvent the TCPA” by using “‘ringless’ voicemail technology.” The lawsuit argues that even though ringless voicemails aren’t “calls,” they still violate the federal statute.

Effectively, a ringless voicemail is just what it sounds like — a voicemail that is left without a call having been made. Companies use certain technology to transmit these messages to cell phones in the same way that text messages are sent, the Hyundai ringless voicemail lawsuit explains.

The TCPA expressly prohibits companies from making unsolicited pre-recorded calls to landlines and cell phones without consent. However, many companies contend that the statute doesn’t apply to ringless voicemails, arguing that these messages don’t constitute actual calls. Significantly, unlike robocalls — which consumers can block — consumers are “powerless” when it comes to blocking ringless voicemails, the lawsuit explains.

“Thus, a consumer’s voicemail box could be rendered useless by just a handful of companies using the technology to market their business,” the complaint also states.

Courts have held in several cases that ringless voicemails are subject to the TCPA, including a case heard in Michigan and another in Nevada against Budget Van Lines.

What Can You Do If You Received a Hyundai Ringless Voicemail?

If you received a Hyundai ringless voicemail, you might consider filing a complaint with the FCC. Another way you might be able to stop unwanted ringless voicemails is by signing up for the National Do Not Call Registry. It is against the law for companies to contact you if you’re on the Do Not Call List.

If a car company such as Hyundai continues to leave you ringless voicemails without your consent, you may be eligible to join a class action lawsuit. It’s best to discuss your legal rights and remedies with a specialized TCPA class action attorney.

The Hyundai Ringless Voicemail Class Action Lawsuit is Michael v. Hyundai Motor America, Case No. 2:20-CV-03044 in the United States District Court for the Central District of California.