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A Florida woman recently filed a TCPA prerecorded messages lawsuit against Family Auto Mart, alleging that the car dealership sent messages in violation of the Telephone Consumer Protection Act.
In her lawsuit, the plaintiff, Shawndra F., named Gold Card Finance Corporation as the defendant, which was doing business as a car dealership under the name Family Auto Mart. According to the lawsuit, Shawndra began receiving calls from Family Auto Mart in March 2019.
She received numerous calls, all of which she says included a prerecorded marketing message from Family Auto Mart. She kept receiving these messages, and claims that they have caused actual harm—specifically, invasion of privacy, aggravation, annoyance, and intrusion on seclusion, among others.
Shawndra notes that she received these calls despite the fact that she had not given her prior express consent for these calls to take place. She expects that many others may have also been affected by these calls in a similar manner, and so proposed a class action lawsuit wherein class members are those in the United States who sometime in the four years leading up to the lawsuit were sent a call using a prerecorded message from Family Auto Mart without their prior consent and without an emergency.
The lawsuit claims that Family Auto Mart and Gold Care Finance Corp. actively engage in unsolicited telemarketing using pre-recorded messages, resulting in harm to thousands of consumers through invasion of privacy, harassment, aggravation, and disruption of daily life.
Shawndra filed her lawsuit on Nov. 8, 2019, in the U.S. District Court for the Middle District of Florida. The lawsuit was filed under the rules set forth in the Telephone Consumer Protection Act, which helps regulate telemarketing.
Basics of the TCPA
The Telephone Consumer Protection Act (TCPA) was introduced almost three decades ago, back in 1991, as a method of protecting consumers from unwanted solicitation using technology. Of course, in the last few decades, technology has advanced substantially and telemarketers have developed new ways of contacting consumers.
To keep up with these advances, the TCPA itself has expanded to include new technologies. Now, the TCPA includes things like text messages, robocalls, and prerecorded messages.
One of the newer aspects of the TCPA is the requirement for prior express written consent, which has been required for telemarketing calls and texts since 2012. Consumers must be given the choice of whether or not to opt in to receiving such calls or texts.
Under the TCPA, awards are given per violation and can be up to $1,500 each if they were made knowingly or willfully, versus a $500 award for violations made negligently.
Filing a TCPA Prerecorded Messages Lawsuit
Robocalls and spam texts are becoming more and more common, and consumers are making their complaints known. If you have been affected by calls from a car dealership or other company in violation of the TCPA, you may be able to file a lawsuit and pursue compensation.
Filing a TCPA prerecorded messages lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
The TCPA Prerecorded Messages Lawsuit is Case No. 8:19-cv-02782-MSS-TGW, 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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