JK Buick GMC Settles TCPA Lawsuit For $130,000

Consumers are now eligible to receive payments from a $130,000 class action lawsuit settlement from JK Buick if they received unsolicited telemarketing texts from the car dealership. The settlement benefits those individuals who received marketing text messages from JK Buick after requesting not to receive them. Plaintiffs in the class action lawsuit allege that these messages violated federal legislation under the Telephone Consumer Protection Act (TCPA).

JK Buick did not admit any wrongdoing but agreed to pay $130,00 to resolve the class action lawsuit. Under the terms of the settlement, consumers can receive an equal share of the settlement fund. Each class member is entitled to around $1,300, though actual payments may be higher or lower depending on the number of eligible participants.

Text messages and TCPA violations 

In most cases, a TCPA penalty requires a business to pay $500 per every unwanted text. The court can triple that to $1,500 if it determines that the violation was willful or knowing. The determination as to whether or not a violation is willful or knowing is made based on the specific circumstances of each case.

A business requires prior consent to call a cell phone using automated dialing or sends a text message for marketing purposes. Businesses that do not have prior consent prior to sending an unsolicited text message are in violation of the TCPA. With no exceptions, a business can only text someone who has given prior consent. While there are different types of consent depending on the context, express written consent is required for compliant promotional messaging.

Sending unsolicited marketing text messages without consent 

Businesses can find themselves facing major fines payable to consumers if they violate the terms of the TCPA. In these cases, businesses remain on the right side of the law by:

• Obtaining consent – A business may not call or send messages to consumers without their consent. Companies must obtain explicit written permission from consumers prior to calling or sending text messages.

• Providing disclosure – If a customer opts in to receive promotional text messages, a business must first disclose the full scope of their SMS communications. They must also provide consumers a way to opt out. If consumers opt-out of receiving text messages from the business and later receive more messages, this is a clear violation of the TCPA.

• Only communicate during business hours – Businesses that attempt to communicate with customers off business hours run the risk of violating the TCPA.

Talk to an Ohio TCPA Violations Attorney Today 

If you have received unwanted text messages from a business that is attempting to promote itself, you may be entitled to compensation under the TCPA. Call the Columbus TCPA violations attorneys at Kohl & Cook Law Firm, LLC today to schedule an appointment, and learn more about how we can recover at least $500 per unwanted text and potentially more.

Source:

topclassactions.com/lawsuit-settlements/open-lawsuit-settlements/jk-buick-gmc-tcpa-130k-class-action-settlement/