A proposed class action claims that Drivetime Automotive Group, Inc. has placed unlawful robocalls to consumers’ cell phones without first securing their consent to be contacted.
The eight-page lawsuit alleges that Drivetime, an automotive retailer with roughly 137 locations nationwide, has run afoul of the federal Telephone Consumer Protection Act (TCPA), which prohibits companies from using automated technology to place telemarketing calls to consumers’ cell phones unless they provide prior express written consent.
The plaintiff in the case, an Arizona resident, says she received at least five telemarketing calls from the defendant in mid-March 2022 despite having never provided her consent to receive the communications.
When the plaintiff listened to the messages, she was “easily able to determine” that the calls were prerecorded, the suit says. Per the complaint, the messages sent to the plaintiff stated, “[H]ey this is Mackenzie from Drivetime … we have a vehicle selection and programs from you to choose from.”
The lawsuit claims Drivetime’s calls have resulted in “the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.”
The plaintiff looks to represent anyone in the U.S. who, within the past four years, received a prerecorded voice call on their phone from the defendant or anyone acting on its behalf that promoted or advertised Drivetime Automotive Group’s goods or services.
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