Woman Files TCPA Express Consent Lawsuit Against North Carolina Ford Dealership

A North Carolina woman recently filed a TCPA express consent lawsuit against Pilot Mountain Ford, alleging that the company committed thousands of TCPA violations by texting her and other consumers without their prior express consent.

The plaintiff, Malinda S., alleges that Pilot Mountain Ford sent thousands of texts to her and other consumers who had either never given their express written consent to be contacted in this way, or who had revoked any such prior express consent, thus violating the rules of the Telephone Consumer Protection Act.

TCPA violations like this cause numerous injuries, the lawsuit states, including “invasion of their privacy, aggravation, annoyance, intrusion or seclusion, trespass, and conversion.”

Malinda filed her TCPA lawsuit over car dealership calls on Sept. 18, 2019, in the U.S. District Court for the Eastern District of North Carolina.

Malinda seeks an award of up to $1,500 per violation (that is, each text or call made in violation of the TCPA). The proposed class includes at least tens of thousands of consumers, so the total sought through this class action lawsuit may exceed $5 million.

What is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act, or TCPA, was first introduced in 1991 as a method of protecting consumers from unwanted technology-based solicitation. This set of regulations has expanded over time as technology has advanced and telemarketers began using new methods of reaching consumers, so the TCPA now includes regulations on things like robocalls, texts, and more.

Reporting violations of the TCPA helps enforce these regulations, and it can also provide consumers with financial compensation. Under the TCPA, consumers may receive between $500 and $1,500 per individual violation, depending on if the violation was made negligently or willfully.

Prior Express Written Consent

In 2012, the Federal Communications Commission (FCC) added a new restriction to the TCPA for telemarketing calls and texts, requiring “prior express written consent.” Consumers must opt into these communications after “clear and conspicuous disclosure” of the terms of the agreement.

Filing a TCPA Lawsuit

Spam texts are a huge problem today, all across the country. Indeed, the Federal Trade Commission reported receiving more than 375,000 complaints about robocalls and spam texts every single month in 2017, the verge.com reported. 

Many consumers choose to sign up for the National Do Not Call Registry, but this is often not enough to stop receiving spam texts and calls. More and more people are turning to litigation as a method of combatting robocalls and spam texts. If you have been affected by car dealership calls or calls from another company without giving your express consent, in violation of the TCPA, you may be able to file a TCPA express consent lawsuit.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork 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 Express Consent Lawsuit is Case No. 5:19-cv-416, in the U.S. District Court for the Eastern District of North Carolina.

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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