Carvana Facing Class Action Over Allegedly Unsolicited Promotional Texts

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A proposed class action alleges Carvana has unlawfully sent promotional text messages to consumers who’ve tried to opt out of receiving them.

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The 23-page lawsuit accuses the online car retailer of violating the Telephone Consumer Protection Act (TCPA), a federal law that requires companies to obtain a consumer’s consent before using automated technology to send non-emergency telemarketing messages. The TCPA also prohibits companies from sending automated text messages to consumers whose phone numbers are listed on the National Do-Not-Call Registry and to individuals who have specifically requested not to be contacted, the case relays.

However, in an “overzealous attempt to market its services,” Carvana “negligently, knowingly, and/or willfully” sends promotional text messages without complying with these TCPA requirements, the complaint claims.

The plaintiff, a California consumer, says that although his cell phone number was added to the National Do-Not-Call Registry in 2004, Carvana nevertheless began “bombarding” him with unwanted robotexts in October 2021. According to the case, the man has never provided the defendant with his phone number, nor has he given his consent to be contacted.

After receiving two automated text messages from Carvana on October 22, 2021, the plaintiff claims he requested that the company stop contacting him by replying with “Stop.” Still, almost a year later, Carvana sent him three more unsolicited text messages promoting its services, the filing says.

Per the suit, the company continued to ignore the plaintiff’s repeated requests to opt out of the telemarketing campaign and sent him several more text messages that month.

“Such unwanted text messages from [Carvana] are a nuisance, an invasion of privacy, and wasted [the plaintiff’s] time and enjoyment in use of his personal cellular telephone,” the case says.

The complaint contends that Carvana has failed to establish and implement procedures that would effectively prevent it from contacting phone numbers listed on the National Do-Not-Call Registry or its internal do-not-call records.

The lawsuit looks to represent anyone in the United States whose phone number has been registered on the National Do-Not-Call Registry for at least 30 days and who, within the past four years, has received more than one promotional call or text message within a 12-month period made or sent by or on behalf of Carvana.

The suit also seeks to cover anyone in the United States who, within the past four years, has been on Carvana’s internal do-not-call list for at least 30 days or requested that it cease contacting them at least 30 days prior to receiving more than one promotional call or text message within a 12-month period made or sent by or on behalf of the company.

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