A new lawsuit claims that a car dealership illegally used auto dialer software to communicate with consumers. Justin S., the lead plaintiff in this proposed class action lawsuit, argues in the claim that the Oklahoma-based David Stanley Chevrolet company contacted him using auto dialer software to send marketing messages.
The lawsuit claims that the plaintiff suffered harm in the form of aggravation, harassment, violation of his privacy, and disruption of daily life. The lawsuit filed against the Oklahoma car dealer is seeking $1500 for each instance in which the company violated the Telephone Consumer Protection Act.
As explained in the suit, the TCPA forbids certain activities on the part of companies engaged in marketing behavior. That includes prohibitions against calling from a cellular telephone number or using an automatic telephone dialing program without the consent of the recipient.
Also known as a robocall, an automated dialing system works by storing or producing numbers to be called using a sequential or random number generator. When consumers are contacted using these methods, those call recipients can bring a lawsuit against the company that allegedly broke the law with these marketing and communication efforts.
The plaintiff in this automatic dialing software lawsuit in Oklahoma claims that he received text messages from the defendant starting on Sept. 27, 2019. The lawsuit states that multiple text messages were received to his personal cell phone number from the car dealership.
The plaintiff says that not only did he never ask to receive these text messages, but claims that he has been listed in the national Do Not Call registry since 2008. The lawsuit filed by the plaintiff says that the generic nature of the text messages indicates that the company used an automated dialing system.
The use of a shortcode can indicate cases in which an ATDS program was used since it enables parties to send many text messages all at once. These shortcode messages make it seem as though the texts are personalized even though they are being sent en masse to multiple recipients at the same time using an ATDS.
The prior express written consent required for calls was required as of October 2013. This written consent is required for all texts and recorded calls sent or made to a wireless number and any prerecorded calls made to a wired number for telemarketing or advertising purposes.
Many of the laws and agency involvement in telemarketing complaints is due to the fact that so many consumers have received unwanted calls and texts. The TCPA has been in place since 1991 and this law impacts common carriers and other marketers.
Even though this law has been on the books for many years, federal agencies continue to receive complaints from consumers who have been targeted by companies allegedly violating the TCPA. In addition, consumers have increasingly turned to lawsuits in an effort to hold companies accountable for these actions.
If you or someone you know has received text messages or calls from an Oklahoma car dealership or other company, Top Class Actions can help to connect you with an attorney experienced in TCPA violations.
The Auto Dialer Software Lawsuit is Case No. 5:19-cv-01096-R in the U.S. District Court for the Western District of Oklahoma.
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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