Florida Car Dealer Off Lease Only Spam Text Class Action Settles
Used car dealer Off Lease Only Inc. has settled a class-action lawsuit that accused the car dealer of sending unsolicited text messages in violation of the Telephone Consumer Protection Act (TCPA). The plaintiff in the Off Lease Only Spam Text Class Action case had sued Off Lease Only of sending unsolicited marketing texts after the plaintiff posted a Craigslist advertisement to sell his car.
The plaintiff’s Craigslist ad specifically stated, “Do NOT contact me with unsolicited services or offers.” The Telephone Consumer Protection Act (TCPA) prohibits unsolicited marketing texts if the recipient did not provide prior consent to receiving the texts. TCPA violations expose the sender of the texts to liability of $500 to $1,500 per unauthorized text.
Off Lease first attempted to defeat the lawsuit by claiming that plaintiff was not harmed by the unauthorized texts. But the U.S. Supreme Court’s recent ruling in Spokeo Inc. v. Robins dictates that an unauthorized text results in a “particularized and concrete harm.” In this case, the judge in the Off Lease Only Spam Text Class Action case followed the U.S. Supreme Court’s Spokeo ruling.
Do You Have a Claim against Off Lease Only?
If your cell phone has been ringing with unwanted marketing calls from Off Lease Only or other entities, you may have rights that require your legal attention.
