Clay Cooley Nissan Irving Loan Preapproval Text TCPA Class Action

The regulations for the Telephone Consumer Protection Act (TCPA) define telemarketing as “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 is not entirely forbidden, as long as the telemarketer follows certain rules and meets certain requirements. However, the complaint for this class action alleges that Irving N. Motor Company, LLC, which does businesses as Clay Cooley Nissan Irving, engages in telemarketing without meeting the law’s requirements.

Calls or messages do not need to make a specific mention of products to be deemed telemarketing. The complaint says, “In determining whether a communication constitutes telemarketing, a court must evaluate the ultimate purpose of the communication.”

As it now stands, the TCPA forbids any person from calling a consumer cell phone number, using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice, unless they have the prior express written consent of the person who will be receiving the call.

On or around September 7, 2019, Clay Cooley Nissan Irving sent a text message to Flora Gilmore, the plaintiff in this case. The message said, “(DMC4H5R7) Hello this is Angie Pryor your lia[i]son with Capital One at Irving Nissan. Your approval is ready for you! Call 9724384300 to schedule your appointment[.]”

The complaint asserts that the message is telemarketing because it advertises preapprovals for car loans, which encourage the purchase of a vehicle. According to the complaint, “[t]he impersonal and generic nature of [the] text message demonstrates that [Clay Cooley Nissan Irving] utilized an ATDS in transmitting the messages.”

The complaint claims that Gilmore never gave the company her express written consent to contact her through the use of an ATDS.

The No Consent Class for this action is all persons who, on or after August 18, 2016, (1) were sent a text message by or on behalf of Clay Cooley Nissan Irving (2) using an automatic telephone dialing system (3) for the purpose of soliciting them to buy, rent, or invest in Clay Cooley Nissan Irving’s goods or services, (4) for whom Clay Cooley Nissan Irving claims either that it did not get prior express written consent or that it got prior express written consent in the same manner as it got it for the plaintiff in this case.

The complaint alleges both negligent as well as knowing and willful violations of the TCPA.

Article Type: Lawsuit
Topic: News

Most Recent Case Event

Clay Cooley Nissan Irving Loan Preapproval Text TCPA Complaint

August 18, 2020

The regulations for the Telephone Consumer Protection Act (TCPA) define telemarketing as “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 is not entirely forbidden, as long as the telemarketer follows certain rules and meets certain requirements. However, the complaint for this class action alleges that Irving N. Motor Company, LLC, which does businesses as Clay Cooley Nissan Irving, engages in telemarketing without meeting the law’s requirements.

Clay Cooley Nissan Irving Loan Preapproval Text TCPA Complaint

Case Event History

Clay Cooley Nissan Irving Loan Preapproval Text TCPA Complaint

August 18, 2020

The regulations for the Telephone Consumer Protection Act (TCPA) define telemarketing as “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 is not entirely forbidden, as long as the telemarketer follows certain rules and meets certain requirements. However, the complaint for this class action alleges that Irving N. Motor Company, LLC, which does businesses as Clay Cooley Nissan Irving, engages in telemarketing without meeting the law’s requirements.

Clay Cooley Nissan Irving Loan Preapproval Text TCPA Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer