Text Message Ads from Michael Cadillac Violate TCPA, Says California Plaintiff

A California man has filed a lawsuit against Michael Cadillac, a car dealership he says violated the Telephone Consumer Protection Act by sending him and other consumers unsolicited phone calls and text message ads.

California Man Claims Car Dealership Made Illegal Advertising Phone Calls

Plaintiff Luz B. of Fresno, Calif. filed his lawsuit against Michael Cadillac in April after receiving multiple solicitation calls from the car dealership. According to Luz, he began receiving calls in 2019. They were pre-recorded and made from a telephone number associated with Michael Cadillac. However, Luz claims that he never gave the car dealership his permission to be contacted, and believes the calls were a violation of consumer privacy protection laws, including the Telephone Consumer Protection Act (TCPA).

According to Luz, the calls were unwanted and unsolicited. Additionally, he claims that they caused him actual harm, including disrupting his daily life, invading his privacy, and leading to irritation and annoyance. Luz estimates that he spent at least 15 minutes trying to determine who the calls were from and how Michael Cadillac obtained his number. In an attempt to get the calls to stop, and to seek compensation for himself and for other consumers who may have received intrusive calls made by Michael Cadillac, Luz filed his TCPA class action lawsuit.

Are Phone and Text Message Ads Legal?

According to the Telephone Consumer Protection Act, phone calls and text message ads that are made to consumers without their consent are generally illegal. Calls that violate the TCPA may harm consumers in a variety of ways. In addition to being disruptive and annoying, these calls can intrude on a consumer’s expectation of privacy. When consumers do not know who the calls are coming from or how the caller obtained their information, it may be distressing. Additionally, depending on the consumer’s phone plan, they may be charged for incoming calls and text messages, even if they did not consent to receive them. Companies that send text message ads or solicitation phone calls are supposed to give consumers the option to opt-out of receiving these communications. However, this does not always happen.

There are several ways consumers can take action to stop unwanted solicitation calls or texts. Some phones come equipped with internal call-blocking features that can detect potential spam calls. If your phone does not come with internal call-blocking, you may be able to download a paid or free app to prevent these calls and texts from getting through. Registering your phone number with the National Do Not Call Registry may prevent many companies from contacting you. Another option is to report the company to the Federal Communications Commission (FCC), or file a class action lawsuit against the caller.

About the TCPA

The TCPA is meant to protect consumers from being harassed by phone, voicemail, or text message ads. According to TCPA regulations and guidelines, companies must obtain the prior consent of consumers before contacting them. Businesses that use a pre-recorded or robotic voice to send messages, or use an auto dialing system to contact many consumers at one time, are required to obtain consumers’ written consent prior to making these calls. A business must also allow consumers to opt-out of being contacted at any time, and is prohibited from calling at certain hours of the day.

Companies that violate the TCPA may be subject to fines between $500 and $1,500 per violation.

If you have received unsolicited text message ads or phone calls from a car dealership or other company, you may be eligible to pursue compensation. Some consumers may be eligible to hire a qualified attorney to review their case and determine the appropriate path forward. Consumers interested in pursuing a class action lawsuit may find it helpful to save records of unsolicited phone calls, texts, or voicemails, including the dates and times of these calls, as well as information about the caller and the content of the call.

Luz’s Michael Cadillac TCPA Lawsuit is Case No: 1:20-cv-00563, filed in the U.S. District Court for the Eastern 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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