Posted by Chris Alarie on Mon, 07/11/2022 - 13:52
The Central District of California Court finalized a $2.5 million settlement for Telephone Consumer Protection Act (TCPA) class action against an automotive dealer. What makes this settlement especially notable is it had been pending since before the Supreme Court’s decision in Facebook v. Duguid.
The plaintiff in Johnson v. Moss Bros. Auto Group alleges that he received prerecorded messages offering to purchase he vehicle despite never having given prior express written consent to receive such messages. The parties agreed on a settlement for $2.5 million worth of damages for a nationwide class consisting of everyone who received such messages between 2015 and 2019.
Had the alleged violations been related to the TCPA’s restrictions on the use of automatic telephone dialing systems (ADTS), it’s possible that the Facebook decision could have affected this settlement and even resulted in a dismissal. But since the alleged violations involve prerecorded calls, the settlement will be paid.