A lawsuit was filed on January 8, 2015, against Sirius XM Holdings, Inc. (“Sirius”) and Toyota Motor Sales USA Inc. (“Toyota”). The plaintiff alleges on behalf of the class that Sirius placed numerous unsolicited calls to the plaintiff’s cell phone by using an automated telephone dialing system, which violated the Telephone Consumer Protection Act (“TCPA”). The plaintiffs also allege that Toyota should be held vicariously liable for Sirius’s violations of TCPA. The plaintiff has requested $1500 in statutory damages per call per class member, as well as treble damages.
Allegations against Sirius
The plaintiff bought a vehicle from a Toyota dealership and claims he was not aware that his car came with a complimentary trial for Sirius satellite radio. Plaintiff alleges that the sales documents from the purchase of his vehicle did not include a warning that his information would be provided to a third-party like Sirius. Additionally, Sirius never sought or obtained plaintiff’s consent to receive telemarketing calls. Sirius proceeded to contact the plaintiff in excess of 30 times on his cell phone within the four months after he purchased his automobile in an attempt to get him to buy a full subscription to Sirius satellite radio.
Allegations against Toyota
Plaintiff claims that he talked to at least one of Sirius’s telemarketing callers and when he asked how Sirius had obtained his cell phone number, the telemarketer stated it was provided to them by Toyota. Plaintiff later obtained confirmation from the Toyota dealership that Toyota’s corporate office had given his cell phone number to Sirius. Plaintiff alleges Toyota’s disclosure of his telephone number violated the TCPA because he never gave his prior express written consent to receive such types of telemarketing calls.
The plaintiff is seeking certification of a nationwide class that will consist of individuals who received unsolicited calls from Sirius in the four years preceding the filing of the lawsuit. You may qualify for the class even if you did not purchase a vehicle from Toyota.
If you are being repeatedly contacted by a telemarketer or a party using an automated dialing system and you did not give consent to such contact, your rights under the TCPA may be being violated. To learn more, contact us to schedule a consultation.
At DeLadurantey Law Office, LLC, we help businesses and families find their way out of highly difficult financial situations. We provide the advice and guidance you need in protecting your rights under the TCPA. We can also assist you in filing bankruptcy, debt negotiations, student loan law and defending a foreclosure action. Contact us at 414-377-0518 to discuss how our Milwaukee bankruptcy attorneys can assist you. Like us on Facebook.