For Once, a Lawsuit Against a Car Maker that Doesn't Involve a Recall

By now, most consumers may be aware of the burgeoning litigation against a major U.S. car manufacturer who may have cost the lives of drivers and passengers of vehicles made with a defective ignition switch.

Now that this class action has been proposed, the game of waiting for others to come forward who have been the subject of Nissan’s automated call system has begun.

While a recent proposed suit against Nissan doesn’t involve a recall (this time, at least), it does, however, involve a robocall. Numerous robocalls, in fact.

A proposed class action has accused Nissan Motor Co.’s financing unit, Nissan Motor Acceptance Corp. (NMAC), the division that handles customer lease and loan financing, of illegally calling a consumer in an attempt to collect a debt despite repeated requests by the woman not to be contacted over the phone. As stated—in so many words—by the Telephone Consumer Protection Act (TCPA), this is illegal.

According to the complaint, California resident Candida Wolcott demanded Nissan stop calling her cell phone, “thereby expressly revoking any consent that may have been in place to receive calls via an automatic telephone dialing system and/or using an artificial or prerecorded voice.”

The plaintiff alleged she received her first call from Nissan in early April, during which she asked not to be contacted by phone again. As detailed by Law360, the TCPA permits consumers to choose how they prefer to be contacted by marketers or creditors. Wolcott’s choice, the complaint said, was denied when Nissan continued to call her.

Wolcott’s suit alleges NMAC called her again with an automated telephone dialing system with a prerecorded message instructing her to wait on the line to speak with a Nissan representative. Weeks later, even after Wolcott’s attorney sent a letter to Nissan (which the company acknowledged receiving) ordering they cease contacting his client, she received another call from an automated dialing system with another prerecorded voice message.

Now that this class action has been proposed, the game of waiting for others to come forward who may have been subject to Nissan’s automated call system has begun.

Granted, it’s not as attention-grabbing as the headlines concerning General Motors, but it’s a case that should serve as a reminder to consumers that they have options should they find themselves on the wrong end of a major corporation who appears to be ignoring the law.

Of course, Nissan’s robocalls to Wolcott could have been a simple mistake made by a low-level employee tasked with removing names from the list of consumers the company’s robots call every day.

Or, it could be a framed example of a large company thumbing its nose at the option all consumers have at their disposal—a swift lawsuit.