TCPA Class Action Filed Against California Car Dealership over Spam Texts

A California woman recently filed a class action lawsuit against an auto body shop, claiming that unsolicited messages sent by the shop violated the Telephone Consumer Protection Act.

California Woman Files TCPA Class Action Lawsuit

Plaintiff Joanne B. of San Bernardino County in California filed her TCPA class action lawsuit against Putnam Motors on Dec. 3, 2019, after the company allegedly sent her solicitation text messages without her consent.

According to Joanne, Putnam Motors sent an unsolicited advertising text message to her cell phone in January 2019. The text message informed her that her vehicle was due to be serviced, and offered her $10 off of her next scheduled service. However, according to Joanne, she never gave Putnam Motors her consent to be contacted.

Additionally, the impersonal and generic nature of the advertising text message led Joanne to believe that the message was a mass advertising text, and was likely sent using an automatic dialing system.

An automatic dialing system allows advertisers to send pre-recorded or pre-written messages to hundreds or thousands of people at once, without human intervention. Although many telemarketers use these systems, federal laws such as the Telephone Consumer Protection Act prohibit companies from using automatic dialing systems to contact consumers without their express consent.

Joanne claims that receiving this unsolicited advertising text message caused her actual harm. In addition to being an invasion of her privacy, Joanne claims that receiving the message was annoying, aggravating, and caused disruption to her daily life.

According to Joanne, receiving the text message was so confusing and alarming that she spent approximately 15 minutes investigating who had sent her the message and how they had obtained her number. In addition to wasting her time and disrupting her daily routine, Joanne also claims that the text message took up memory on her cell phone.

Joanne’s TCPA class action lawsuit claims that the text message she received from Putnam Motors violated her privacy, as well as the Telephone Consumer Protection Act. Joanne’s lawsuit covers herself, as well as a class of any other people who were sent an automatic and unsolicited advertising text message by Putnam Motors in the last four years, without their express consent.

TCPA Violations and Lawsuits

Under the terms of the TCPA, companies are prohibited from sending spam texts, robocalls, and other unwanted advertising messages to consumers unless they have consent. Companies who violate the TCPA may be subject to fines and legal action. Victims of TCPA violations may be entitled to receive sums of between $500 and $1,500 per violation.

If you have been contacted by companies using automatic dialing or texting systems to send pre-recorded or pre-written advertising text messages, and you have not given your consent to be contacted, you may be eligible to file or join a TCPA class action lawsuit. In addition to the possibility of receiving compensation for these violations, filing a lawsuit may also be one way to force these companies to stop sending harassing or intrusive messages.

Joanne’s Putnam Motors TCPA Lawsuit is Case No: 5:19-cv-02310-JGB-SP, filed in the United States 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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