Lawsuit Claims Mossy Nissan Oceanside Sent Unlawful Spam Texts

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Mossy Nissan Oceanside faces a proposed class action over its alleged practice of sending automated text messages to consumers’ cell phones without first securing consent to do so.

The plaintiff, a California resident, claims the unsolicited messages violated the Telephone Consumer Protection Act (TCPA), which prohibits the sending of non-emergency texts and calls using an automatic telephone dialing system unless the sender secures the recipient’s prior written consent to be contacted in that manner.

According to the case, the plaintiff received the following text message from Mossy Nissan Oceanside in September 2020 from the phone number (760) 230-9023:

When the plaintiff responded with “STOP,” he allegedly received another text from the defendant that read:

Despite plaintiff’s response, however, the defendant went on to send similar messages on at least five separate occasions, including one on October 15, 2020 that contained the same text as the first message, according to the suit.

The plaintiff says he was never a customer of Mossy Nissan Oceanside and has never provided the dealership with his cell phone number “for any reason whatsoever.”

“Accordingly, Defendant and their agent never received Plaintiff’s prior express consent to receive unsolicited text messages,” the complaint avers.

Per the suit, the dealership further violated federal law by sending the plaintiff messages even though his phone number had been listed on the National Do Not Call Registry for more than 30 days prior to receiving the defendant’s first text message.

The lawsuit argues that the plaintiff’s experience indicates Mossy Nissan Oceanside failed to establish and implement reasonable procedures to avoid unlawful telephone solicitations in accordance with the TCPA.

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