Hyundai Asks for Dismissal in Unsolicited Texts Lawsuit

Hyundai Motor America Inc. has requested a dismissal in a proposed class action lawsuit alleging that the auto company violated the Telephone Consumer Protection Act (TCPA) by sending customers unwanted and unsolicited texts.

Hyundai Unsolicited Texts Lawsuit

Plaintiff June A. filed the Hyundai lawsuit after taking a test drive at the Russell Westbrook Hyundai of Garden Grove. Following her visit to the auto dealer, June claims that she received a form text message reading, “I hope all is well. It’s John again from GG Hyundai. How is everything going with your car shopping? Thanks. Hope you are doing well.” According to June, this message was not sent by an actual employee named John from the dealership and was instead sent via an automated system.

Hyundai has argued against the lawsuit, claiming that the corporation cannot be held responsible for the actions of individual dealerships and that there is no proof that the text messages were not sent by an actual person, rather than an automated system. Hyundai has denied June’s claims, stating that using an automated dialing system posing as dealership employees to contact customers is “implausible.” Additionally, Hyundai has argued that the corporation is not directly responsible for the actions of its dealerships and franchises.

June’s class action lawsuit defines the proposed class of victims as anyone in the U.S. who has received an automated message from Hyundai since April 15, 2015. Thousands of people across the country may potentially be able to join the suit.

About the TCPA

The Telephone Consumer Protection Act was signed into law in 1991 in order to protect consumers from being harassed by solicitors and telemarketers. The TCPA covers the ways that companies are permitted to contact consumers via landlines, cell phones, texts, and faxes. It also limits the use of robocallers and automatic dialing systems.

According to consumer advocates, automated texts and phone calls can be a nuisance, and can even reach the level of harassment. Automatic dialing systems make it possible for companies to contact hundreds or thousands of consumers at once by sending mass text messages or pre-recorded phone messages.

Under the terms of the TCPA, companies are subject to a variety of rules, including:

• Companies are not permitted to contact consumers without their prior express written consent.
• Consumers must be given the option to revoke consent at any time.
• Companies must cease calling or texting any phone numbers that have been reassigned.
• Companies must not call consumers before 8 a.m. or after 9 p.m.
• Companies must abide by the national Do Not Call registry, as well as keeping and abiding by their own company-specific do not call lists.

Consumers who have been subject to TCPA violations may be able to sue for up to $1,500 per violation. Hiring a qualified attorney and filing a class action lawsuit against the company or companies that have sent you unsolicited texts or phone calls may result in compensatory damages for victims.

June’s Hyundai Unsolicited Texts Lawsuit is Case No: 8:19-cv-00699, 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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