Class Action InvestigationsIrritated by Car Dealership Robocalls, Spam Texts and Voicemails?

November 6, 2019by Shamis & Gentile P.A.

Ever had someone call you through a local number, and you pick up only to realize that the number actually has a machine on the other end with a pre-recorded message that sounds as mundane as the brand it represents, well, that’s a robocall. Consumers are now dealing with an unprecedented amount of Car Dealership TCPA Violations in the form of robocalls and spam text messages.

Robocalls are basically pre-recorded forms of communication that companies blast out to consumers like you in order to convince you to buy their products and services.

A lot of people shrug off robocalls or Car Dealership TCPA Violations as a normal occurrence, just one of these things that we can’t do anything about. However you would be surprised to know that there are federal laws that prohibit such robocalls under certain circumstances. The only case when a robo call is legal is if the company in question has obtained your express consent, ideally in writing where give them permission to call you  Whenever companies call you without your consent, they are in gross violation of a federal law known as TCPA.

What exactly is TCPA?

“TCPA” stands for the Telephone Consumer Protection Act. It was enacted in 1991 to protect consumers from telemarketers. The TCPA covers unwanted marketing from companies via phone, cell phone, text, and fax. It also limits the use of auto-dialers and robocalls.

Violators of TCPA are liable to pay up to 1500 dollars per violation to the aggrieved party if it can be established that the call was made without your consent.

However, TCPA provides certain exception wherein the car dealerships that are contacting you are legally allowed to do so, if you meet one or both of the below mentioned criteria then you may not be eligible to press charges.

  1. If you’ve given the car dealership express consent to contact you.
  2. If you’ve purchased a car from the dealership contacting you.

Therefore if you don’t meet the above mentioned criteria then the car dealerships are legally prohibited from contacting you.

What kind of communication qualifies as an offence under the TCPA?

Telemarketing calls

Telemarketing has been defined under TCPA to include “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.”

Telemarketing to consumers is therefore an express violation of the TCPA provided you haven’t given consent. This provision is applicable to all kind of industries however it is particularly big nuisance when it comes to car dealerships.

Car Dealership TCPA violations in the form of Text message spam

The Federal Communications Commission under whose authority the TCPA functions has clarified that consumers are entitled to protection against Text Message Spam under the TCPA as well.

As mentioned above this is only applicable if you haven’t provided consent to the dealership.

Robocalls and Automatic Telephone Dialing Systems

These are pre-recorded messages that we receive from car dealerships encouraging us to buy their products and services. This has been particularly dealt with under the TCPA, and has been recognized for being a common nuisance. These messages are usually based out of an Automatic Telephone Dialing System, such a system has the capacity to dial several numbers at the same time, and this ensures speed and reliability. Since this task is performed exclusively y machines, it drastically brings down the expense ratio of people attempting to market their products or services. These machines have drastically brought down costs and by extension are being widely adopted throughout all kinds of industries.

There are many forms of violations of TCPA regulations, many of us don’t even realize that several of these forms of communication to which we are repeatedly subjected to are in fact illegal and prohibited by law. Such forms of communication also encroach upon our privacy. In fact, Congress has even classified this as a violation of one’s privacy and recognized it to be both costly and inconvenient.

Car Dealership TCPA Violations | Contact Shamis & Gentile, P.A.

Car Dealership TCPA Violations occur when one or more of the above mentioned techniques are used by car dealerships.

If you or anyone you know are plagued by Car Dealership TCPA Violations like robocalls or spam text messages then get in touch with Shamis and Gentile, P.A. and we can together ensure that you get justice. Such illegal sales tactics need to be met with the power of the law. Join us and we can together develop and execute a strategy to ensure that such illegal techniques are all together abolished in the United States.

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