TCPA Lawsuit Says Orlando Kia East Sent Pre-Recorded Messages Without Consent

A Florida resident claims a car dealership violated the TCPA by sending spam text messages and prerecorded messages without consent.

Plaintiff Jose Rosado claims that he received numerous telemarketing text messages and prerecorded messages from defendant Semoran Auto Acquisitions Inc., doing business as Orlando Kia East, a car dealership. Rosado claims that he did not give his consent for the business to contact him, which makes the messages a violation of the Telephone Consumer Protection Act.

Rosado claims that many other consumers received similar messages and may have not given their consent to receive them. He seeks damages on behalf of himself and all similarly affected consumers, in the amount allowed by the provisions of the TCPA — up to $1,500 in statutory damages for each and every violation of the TCPA. He states that the TCPA allows individuals to seek up to $500 for each negligent violation of the TPCA and up to $1,000 for each willful violation of the TPCA.

Rosado also seeks an injunction prohibiting Semoran Auto Acquisitions Inc. from using an artificial or prerecorded voice to contact telephone numbers without the prior express permission of the called party.

Rosado has field a class action lawsuit against Semoran Auto Acquisitions Inc. on behalf of two proposed Classes of consumers. One Class would cover all people in the Untied States who were sent a prerecorded message from the company without emergency purpose and without prior express written consent in the last four years.

Another Class would cover all people in the United States who were sent a prerecorded message in the last four years by the company and had their number listed on the National Do Not Call Registry for at least thirty days before receiving the message, and who did not give their express written consent to be contacted.

The Florida car dealership TCPA lawsuit claims that an amendment to the TCPA requires that businesses receive express prior written consent to send telemarketing calls, text messages, and faxes to individuals.

Allegedly, Rosado did not give his express prior written consent, and many other people who received the messages did not give their express prior written consent, either. Rosado claims that the car dealership knew that it had not obtained consent to make the calls, and therefore knowingly violated the TCPA.

In addition to not receiving consent, the car dealership allegedly sent prerecorded messages to consumers, which is prohibited by the TCPA when the business has not obtained proper consent to contact consumers.

Rosado claims that these messages qualified as telemarketing because the messages were sent in an effort to advertise the businesses goods and/or services.

Rosado’s Florida car dealership TCPA class action lawsuit is far from the only TCPA lawsuit of its kind. Automotive News reported that Grieco Ford of Fort Lauderdale settled a robocall lawsuit for $4.8 million. 

The Florida Automobile Dealers Association provides advice to dealers on how to best comply with the TCPA while reaching customers. But despite the law and the advice on how to comply, car dealerships still may be violating the TCPA.  

The Florida Car Dealership TCPA Violation Class Action Lawsuit is Jose Rosado v. Semoran Auto Acquisitions Inc. D/B/A Orlando KIA East, Case No. 6:19-cv-00577, in the U.S. District Court for the Middle 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.

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