Libertyville Auto Plaza Text Messages After Opt-Out Class Action

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from automated telemarketing, including calls, voicemails, faxes, and text messages. The complaint for this class action alleges that United Motors Ltd., doing business as Libertyville Auto Plaza, violated the TCPA by sending text messages to consumer cell phones.

Under the rules for the TCPA, telemarketers are forbidden from placing non-emergency calls to consumer cell phones, using automatic dialing systems or artificial or prerecorded voices, unless the telemarketer has received the consumers’ prior express written consent to receive such calls. Text messages and voicemails are considered calls.

In this case, plaintiff Andrew Foster received a number of telemarketing messages on his cell phone from Libertyville Auto Plaza, in the space of a few days. Seven of the eight messages came in between August 25 and September 1, 2019. The first ones began as follows:
“Hi, I just received your request for financing for your next vehicle. What’s the best time for a quick chat to make this happen for you?”
“Hi Julian, your appointment with Freddy at Libertyville Auto Plaza on 8/28 is confirmed…”
“Hi Julian, you have an upcoming appointment with Freddy at Libertyville Auto Plaza tomorrow @ 6 pm…”
“Hello Julian. Have you spoken to your Loan Advisor? Call or text…”

A number of the messages ended, “To unsubscribe Reply STOP.” On September 2, Foster responded, trying to opt out. However, Libertyville ignored his request and sent another message on September 8, asking him if he was “still in the market for a car.”

The complaint alleges that the messages were sent via an automatic dialing system. Foster claims he never gave the company permission to send him telemarketing messages. Even if he had done so, the complaint says, he revoked that permission when he sent the opt-out message.

Two classes have been proposed for this action.

  • The No Consent Class is all persons who, from February 10, 2016 on, (a) were sent a text message by or on behalf of Libertyville Auto Plaza, (b) using an automatic telephone dialing system, (c) for the purpose of soliciting sales of Libertyville’s goods and services, and (d) from who Liberty claims either that it did not obtain prior express written consent or from whom Libertyville supposedly obtained prior express written consent in the same manner as it received it from the plaintiff in this case.
  • The Revocation Class is all persons in the US who, from February 10, 2016 on, were sent a text message using the same type of equipment used to send text messages used to send text messages to the plaintiff in this case, by or on behalf of Libertyville Auto Plaza, to the persons’ cell phones after they requested that Libertyville not send any future text messages.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Libertyville Auto Plaza Text Messages After Opt-Out Complaint

February 10, 2020

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from automated telemarketing, including calls, voicemails, faxes, and text messages. The complaint for this class action alleges that United Motors Ltd., doing business as Libertyville Auto Plaza, violated the TCPA by sending text messages to consumer cell phones.

Libertyville Auto Plaza Text Messages After Opt-Out Complaint

Case Event History

Libertyville Auto Plaza Text Messages After Opt-Out Complaint

February 10, 2020

The Telephone Consumer Protection Act (TCPA) tries to protect consumers from automated telemarketing, including calls, voicemails, faxes, and text messages. The complaint for this class action alleges that United Motors Ltd., doing business as Libertyville Auto Plaza, violated the TCPA by sending text messages to consumer cell phones.

Libertyville Auto Plaza Text Messages After Opt-Out Complaint
Tags: TCPA, Unsolicited Text Messages, Use of Automatic-Capable Dialer