Mercedes-Benz of Los Angeles Hit with TCPA Class Action

Mercedes-Benz of Los Angeles faces a class action lawsuit alleging that the dealership violated TCPA with unsolicited text messages.

The dealership allegedly sent a series of unwanted text messages to a California woman advertising their services. Despite the woman asking repeatedly for the texts to stop, Mercedes-Benz of Los Angeles allegedly continued to send texts in violation of the Telephone Consumer Protection Act.

Telephone Consumer Protection Act: Overview

The Telephone Consumer Protection Act (TCPA) is a federal law which prohibits businesses from contacting consumers with unsolicited marketing through texts, calls, and faxes. In order to contact consumers with these telemarketing communications, businesses are reportedly required to get express prior written consent.

Businesses which violate TCPA may be forced to pay up to $1,500 in damages if they are found to be guilty by the court. In order to recover damages, consumers may file a TCPA lawsuit or class action lawsuit on behalf of themselves and a Class of similarly situated people.

Mercedes-Benz of Los Angeles Class Action Allegations

Mercedes-Benz of Los Angeles is a dealership located in the heart of LA. According to the dealership’s website, consumers can find new and pre-owned models of luxury cars at the location. Unfortunately, recent allegations suggest that the company may be using illegal text message ads to draw in customers.

Plaintiff Ajia M. says that she was bombarded with unsolicited text messages from the Mercedes-Benz of Los Angeles car dealership in May 2020. The texts allegedly included spam advertisements and promotional offers encouraging her to contact the dealership. One text reportedly told her that the 2013 Mercedes-Benz C-Class may be part of a recall.

After the initial series of text messages, Ajia allegedly texted “stop” to the dealership’s number. Although the dealership texted back a confirming saying she was “currently opted out of receiving texts,” Ajia allegedly started to receive further texts from Mercedes-Benz of Los Angeles a week and a half later.

Once again, Ajia says she tried to opt out of texts from the dealership by texting “stop” but that the company continued to bombard her with unsolicited text messages.

“Plaintiff’s repeated efforts to get Defendant to cease its automated barrage of solicitations were to no avail, and Defendant continued to harass and annoy her with text messages,” the Mercedes-Benz of Los Angeles class action lawsuit contends.

To make matters worse, Ajia argues that she was never a customer of the dealership. In fact, the plaintiff says she never provided Mercedes-Benz of Los Angeles with any of her personal investigation nor did she give express prior consent to receive text message advertisements.

“[O]n at least one occasion Plaintiff replied to Defendant to stop contacting her,” the TCPA class action lawsuit notes. “Accordingly, Defendant never received Plaintiff’s ‘prior express consent’ to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on her cellular telephone.”

Due to these circumstances, Ajia argues that Mercedes-Benz of Los Angeles is in violation of TCPA. As such, she seeks up to $1,500 in damages under the federal law on behalf of herself and proposed Class Members.

Ajia seeks to represent several Classes. First, she seeks to represent a Class of consumers who received advertising or telemarketing text messages which were sent through an automatic telephone dialing system from Mercedes-Benz of Los Angeles within the past four years despite not giving consent to these communications. Ajia also seeks to represent a Class of the same consumers who revoked consent but still received text messages.

The Mercedes-Benz of Los Angeles TCPA Class Action Lawsuit is Ajia Munns v. Lithia Motors Inc, et al., Case No. 2:20-cv-08413, 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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