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An Oklahoma woman has filed a TCPA violations lawsuit against Owasso car dealership Classic Chevrolet.
Lead plaintiff Jennifer King alleges the dealership violated the Telephone Consumer Protection Act (TCPA) by sending mass unsolicited text messages to local consumers without their consent.
The TCPA is a federal law that prohibits a person or business from calling or texting a cell phone number using an automatic dialing system without the recipient’s prior consent. According to the Federal Communications Commission (FCC), the law applies whether or not the cell phone number is listed on the National Do Not Call registry.
According to the TCPA lawsuit, King allegedly received text messages to her cell phone beginning on or about March 9, 2018. The text message said, “Classic Chevrolet: trade up to a new vehicle today pay the same payment or less” followed by a hyperlink and “Txt STOP to OptOut.”
In July, she allegedly received a text message from Classic Chevrolet regarding the potential extension of her car’s warranty, followed in August by another text from the dealership that was attempting to convince her to buy another car. In both September and October of 2018, she noted she received Classic Chevrolet sales texts regarding discounts available on the dealership’s vehicles.
King alleges her cell phone number has been registered on the National Do Not Call List since March 23, 2011.
TCPA Violations in Oklahoma
King is a resident of Tulsa County, Okla., where she believes other residents were likely contacted through the automated telephone dialing system at the direction of Classic Chevrolet.
According to the lawsuit, the “impersonal and generic nature” of the text messages she received from the dealership led her to believe they had been sent from an automatic telephone dialing system (ATDS). In addition, the spam text messages were sent from a five-digit short code, which enables telemarketers to send text messages to large numbers of recipients at one time.
King alleges by receiving the unsolicited text messages, she incurred actual harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion. The text messages allegedly inconvenienced her and caused a disruption to her daily life.
The TCPA lawsuit alleges that King and each of the other members of the putative class were harmed by the illegal texts and should receive a minimum of $500 in damages per violation. Classic Chevrolet also is accused of knowingly making TCPA violations by sending autodialed messages to cell phones without receiving prior consent.
When a defendant knowingly violates the TCPA, courts are allowed to triple the amount of statutory damages to $1,500 per violation.
According to Classic Chevrolet’s website, the dealership has been in business since 1986 and sells new and used Chevrolet vehicles.
The TCPA Violations Lawsuit is Jennifer King v. Classic Chevrolet Inc., Case No. 4:19-cv-00429-CVE-JFJ, in the U.S. District Court for the Northern District of Oklahoma.
UPDATE: July 2020, the Oklahoma car dealerships TCPA class action settlement is now open. Click here to file a claim.
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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2 thoughts onLawsuit Alleges Oklahoma Car Dealership Committed TCPA Violations
I have been to Automaxx Hyundai Del City Oklahoma 3 times the past 90 days under the impression I was getting sold a vehicle and was pre-approved thru bank called Westlake financial and credit ran all 3 Times and got the runaround and saying excuses like my credit report and I told them the last 2 times that I didn’t want to come there and not get approved and I lost my job because of there negligent and seemingly bias reasons of me not having a car.
2 guys Auto oklahoma disabled a car that I share with mother without being under repossession under racist bias or unjust reasoning without informing me, leaving me stuck in the car all night in front of a 711 and is sending numerous repo trucks to stalk and wait for me to leave vehicle. My mother was drunk and called the okc law enforcement telling them I stole her car. Multiple police officers have been by and not 1 has stopped to see if it was stolen because there’s been Multiple times my mother has called in on me because of my alcoholic mother. My life has been in danger I have no shoes on and the key to vehicle but the car has been disabled without a care in the world of my well-being over a drunk woman’s unorthodox reasoning can they legally do this my character is being defamed every minute I sit here and it’s almost 100 degrees outside and got harrased and ate up by mosquitoes last night and this morning and have been here going on a full day.