FCA US Cell Phone Calls About Recall to Non-Owner of Recalled Vehicles TCPA Lawsuit

The rules and regulations for the Telephone Consumer Protection Act (TCPA) say that the act “is designed to protect consumer privacy by prohibiting, among other things, autodialed calls to cellular phones without the ‘prior express written consent’ of the called party.” Nevertheless, the complaint for this lawsuit alleges that FCA US, LLC—formerly known as Chrysler—does make such calls to consumers without their permission.

According to the complaint, between February 18, 2019 and the filing of this lawsuit, FCA made at least 100 calls to the cell phone of Greg Galloway, the plaintiff in this case. Also beginning on that date, Galloway asked FCA a number of times to stop contacting him. The complaint alleges that Galloway never gave FCA permission to call him with an autodialer.

One prerecorded message began, “Please hold for urgent airbag recall information from Fiat Chrysler. We will be with you shortly. This is the FCA Recall Team with an urgent message about an airbag recall affecting your vehicle. Due to the severity of this defect please call us or your local Chrysler, Dodge, Jeep, or Ram dealership now….” The message invited Galloway to schedule a “free repair” for the driver’s side airbag in his vehicle.

FCA might have believed they had an “out” for these calls because the TCPA forbids calls for non-emergency purposes; FCA might have thought that a problem with a driver’s side airbag constituted an emergency. Unfortunately, Galloway does not own a vehicle that is subject to the recall.

Even after Galloway asked the company to stop calling him, it continued to call. Sometimes he received more than one call in a single day. The complaint claims that all of the calls were made with autodialers.

The complaint alleges that FCA’s behavior in making so many unwanted calls to Galloway was knowing and willful. This is because it claims FCA has been sued before for violating the TCPA and should be fully aware of its provisions. Attached to the original complaint at filing was the complaint in an earlier case, filed in November 2018. That case resulted in a settlement. An even earlier case was filed in June 2016 and settled approximately three months later.

The complaint therefore alleges both negligent and willful and knowing violations of the TCPA. Statutory damages for negligent violations of the TCPA are $500 per call; however, for willful and knowing violations, statutory damages are three times that, or $1,500 per call.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

FCA US Cell Phone Calls About Recall to Non-Owner of Recalled Complaint

March 6, 2020

The rules and regulations for the Telephone Consumer Protection Act (TCPA) say that the act “is designed to protect consumer privacy by prohibiting, among other things, autodialed calls to cellular phones without the ‘prior express written consent’ of the called party.” Nevertheless, the complaint for this lawsuit alleges that FCA US, LLC—formerly known as Chrysler—does make such calls to consumers without their permission.

FCA US Cell Phone Calls About Recall to Non-Owner of Recalled Complaint

Case Event History

FCA US Cell Phone Calls About Recall to Non-Owner of Recalled Complaint

March 6, 2020

The rules and regulations for the Telephone Consumer Protection Act (TCPA) say that the act “is designed to protect consumer privacy by prohibiting, among other things, autodialed calls to cellular phones without the ‘prior express written consent’ of the called party.” Nevertheless, the complaint for this lawsuit alleges that FCA US, LLC—formerly known as Chrysler—does make such calls to consumers without their permission.

FCA US Cell Phone Calls About Recall to Non-Owner of Recalled Complaint
Tags: TCPA, Use of Automatic-Capable Dialer