Toyota Financial Services False “Default” Calls TCPA Class Action

Most consumers don’t like autodialed calls. They like them even less if the call is to accuse them of being in default on a loan, despite their having made the payments early. The complaint for this class action alleges that Toyota Financial Services misapplied funds paid on an auto loan, then placed unwanted calls to borrower, claiming she was in default. The calls, the complaint alleges, violate the Telephone Consumer Protection Act (TCPA).

The class for this action is all persons in the US who received any phone call from Toyota Financial Services or its agents or employees, between July 20, 2016 and the date of class certification in this case, not for an emergency purpose, to their cell phones, made with the use of an automatic dialing system, without the prior express consent of the called person.

In May 2017, plaintiff Vanessa Cambridge bought a 2017 Toyota Highlander with an auto loan from Toyota Financial Services. Her loan contract required that she make payments by the thirteenth of each month. If she missed a payment, she would be charged a $15 late fee.

In January 2019, Cambridge began making payments early. However, Toyota misapplied the payments, then claimed she was late on making the payments, and charged her late fees. The complaint alleges, “From that point, Toyota consistently misapplied [Cambridge’s] payments, thus creating a default fir which [Cambridge] was not responsible.”

Then, because Toyota had decided she was in default, the complaint says, “Toyota commenced a campaign of telephone harassment of [Cambridge].”

Under the TCPA, companies are not permitted to place non-emergency calls to consumer cell phones, using automatic telephone dialing systems or artificial or prerecorded voices, unless the consumers have given their prior express written consent.

According to the complaint, Toyota used an automatic telephone dialing system to contact Cambridge via her cell phone. When Cambridge picked up, there would be a short pause, of two to three seconds, before a live agent came on the line. The complaint alleges that “Toyota would call [Cambridge] in rapid succession, from multiple different numbers, often numerous times per day.” The complaint alleges that these two things indicate the use of an automatic dialing system.

Cambridge claims she had never given Toyota her prior express written consent to call her cell phone.

Around January 22, 2019, Cambridge asked Toyota to stop calling her. She thus revoked any consent she might have given Toyota by any other means. She asked it to stop calling her every time she answered one of its calls. However, Toyota continued calling her.

In addition to violations of the TCPA, the complaint alleges that Toyota violated Nevada Revised Statutes 598 on deceptive practices. The complaint claims that “Toyota made numerous false representations regarding the Contract and [Cambridge’s] rights and obligations thereunder, and attempted to prey on her elderly status.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Toyota Financial Services False “Default” Calls TCPA Complaint

July 20, 2020

Most consumers don’t like autodialed calls. They like them even less if the call is to accuse them of being in default on a loan, despite their having made the payments early. The complaint for this class action alleges that Toyota Financial Services misapplied funds paid on an auto loan, then placed unwanted calls to borrower, claiming she was in default. The calls, the complaint alleges, violate the Telephone Consumer Protection Act (TCPA).

Toyota Financial Services False “Default” Calls TCPA Complaint

Case Event History

Toyota Financial Services False “Default” Calls TCPA Complaint

July 20, 2020

Most consumers don’t like autodialed calls. They like them even less if the call is to accuse them of being in default on a loan, despite their having made the payments early. The complaint for this class action alleges that Toyota Financial Services misapplied funds paid on an auto loan, then placed unwanted calls to borrower, claiming she was in default. The calls, the complaint alleges, violate the Telephone Consumer Protection Act (TCPA).

Toyota Financial Services False “Default” Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer