O’Reilly class action alleges auto store engages in unsolicited text messaging

O’Reilly text messages class action lawsuit overview: 

• Who: John Lillman filed a class action lawsuit against O’Reilly Automotive Stores Inc. 
• Why: Lillman claims O’Reilly sends unsolicited text messages to consumers and fails to stop contacting them after they attempt to opt out of receiving them. 
• Where: The class action lawsuit was filed in Pennsylvania federal court. 

American auto parts retailer O’Reilly sends unsolicited text messages to consumers and fails to stop contacting them after they attempt to opt out of the solicitations, a new class action lawsuit alleges. 

Plaintiff John Lillman claims O’Reilly sent him multiple unsolicited text messages, including after he asked the company to stop contacting him. 

Lillman argues further that many of the alleged unsolicited text messages sent by O’Reilly fail to contain instructions on how to opt out, which he claims left him to feel “helpless in attempting to stop the solicitations.” 

“Indeed, Plaintiff attempted to opt-out of Defendant’s text message solicitations by responding, but Defendant continued to text message Plaintiff,” the O’Reilly class action states. 

Lillman wants to represent a nationwide class of consumers who have received an unsolicited marketing text message from O’Reilly within the last four years after making an attempt to opt out of receiving future text messages. 

O’Reilly accused of violating the Telephone Consumer Protection Act 

Lillman argues O’Reilly’s alleged failure to honor opt out requests shows that the company fails to maintain a standalone do-not-call list, or maintain written policies and procedures as required by the Telephone Consumer Protection Act (TCPA). 

“Upon information and belief, Defendant has placed automated calls and prerecorded messages to cellular telephone numbers belonging to thousands of consumers throughout the United States without their prior express consent,” the O’Reilly class action states. 

Lillman claims unsolicited text messages allegedly sent by O’Reilly have caused himself and other class members harm, including “statutory damages, inconvenience, invasion of privacy, aggravation, annoyance, and violation of their statutory privacy rights.”

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of statutory damages for himself and all class members. 

In another case involving O’Reilly, the company agreed to pay $950,000 earlier this year to put an end to claims it failed to get valid authorization prior to running background checks on job applicants.

Has O’Reilly sent you an unsolicited marketing text message after you attempted to opt out of receiving them? Let us know in the comments.

The plaintiff is represented by Andrew Carroll of Garden State Bankruptcy and Manuel S. Hiraldo of Hiraldo Law. 

The O’Reilly text messages class action lawsuit is Lillman, et al. v. O’Reilly Automotive Stores Inc., Case No. 3:23-cv-01648, in the U.S. District Court for the Middle District of Pennsylvania.

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