Spam Text Class Action Lawsuit Accuses Florida Car Dealership of TCPA Violation

A TCPA violation class action lawsuit accuses a Florida car dealership of sending unsolicited spam texts and phone calls to potential customers.

Plaintiff Ryan Turizo has filed his claim against Rick Case Enterprises Inc., a car dealership located in Broward County, Fla. Turizo says that after he made a call to the dealership, the dealership then sent him spam texts and calls without his consent.

Turizo’s Florida car dealership class action lawsuit says that the dealership’s practice of sending him spam messages and calling him without his consent violated the Telephone Consumer Protection Act. He argues that the dealership sent similar messages and phone calls to other consumers, and made a practice of violating the TCPA in the interest of contacting potential customers. Turizo seeks damages on behalf of himself and all other similarly affected customers.

Turizo proposes two nationwide Classes of allegedly affected consumers — those who simply did not give consent to receive messages from Rick Case Enterprises, and those who did not consent to receive messages and also had numbers listed on the National Do Not Call Registry for at least thirty one days before they received a message, but still received a message from the dealership nonetheless.

Turizo says that in August 2019, he called Rick Case Enterprises to learn more about a car possibly for sale. Allegedly, the dealership did not answer his call and Turizo did not speak to any employees or agents at the dealership.

Allegedly, after he made the call, he began receiving spam messages and phone calls from the dealership. Turizo asserts that these messages constituted telemarketing because they encourage the future purchase of Rick Case Enterprises’ products by consumers.

Turizo argues that Rick Case Enterprises violated the TCPA by not receiving consent from recipients before sending the calls and messages. Allegedly, the TPCA requires that business gain explicit, express consent before using automated dialing equipment to send telemarketing messages and calls. 

Turizo notes that the TCPA also prohibits the use of autodialers to send telemarketing messages. He asserts that Rick Case Enterprises did send its marketing messages with an autodialer, and sent them en masse “in an automated fashion without human intervention,” and in so doing, violated the TCPA.

Turizo says the intrusive messages him caused “invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.”

The Rick Case Enterprises TCPA Violations Class Action Lawsuit is Ryan Turizo v. Rick Case Enterprises Inc., Case No. 0:19-cv-62062-MGC, in the U.S. District Court for the Southern District of Florida.

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.

Learn More