The TCPA was designed to prevent computerized calls and text messages to private homes. The TCPA is meant to give consumers a choice in how corporations may contact them.
Consumers can opt out of receiving phone calls and text messages from corporations unless they give consent or the call is an emergency situation affecting the health and safety of the consumer. Regardless of the type of call, these calls are considered a nuisance, a privacy invasion, and cost the consumer.
The class action complaint against General Motors alleges negligent violation of the Telephone Consumer Protection Act and knowing violation of the Telephone Consumer Protection Act.
Class Action Lawsuit Alleges GM Violated TCPA
General Motors placed calls to consumers through an “automatic telephone dialing system” (ATDS). The ATDS can store or produce telephone numbers to be dialed using a random number generator. The ATDS violates TCPA.
In late 2013, General Motors began calling Perez’s cell phone number multiple times a day in regards to a debt owed by a person named “Melanie.” Perez never provided General Motors with her cell phone number, but was contacted because of ATDS. Perez’s cell phone service charged her for the incoming calls from General Motors.
The lawsuit alleges that General Motors violated the TCPA by using ATDS to contact consumers who did not provide their personal information for use. The phone calls were not for emergency use and therefore were not necessary. Perez had her privacy invaded and incurred charges for all incoming calls.