in Newswire Published on November 6, 2020

National Dealer Services Among Defendants in Class Action Over ‘Thousands’ of Alleged Spam Calls

Pepper v. National Dealer Services, LLC et al.

Filed: November 5, 2020 ◆§ 3:20-cv-02171

A class action claims National Dealer Services has placed thousands of robocalls to consumers’ cell phones without obtaining prior express consent to do so.

Defendant(s)

National Dealer Services, LLC Legion Auto Protection Service Palmer Administrative Services, Inc.

Law(s)

Telephone Consumer Protection Act

State(s)

California

A proposed class action claims National Dealer Services, Legion Auto Protection Service and Palmer Administrative Services, Inc. have placed thousands of robocalls to consumers’ cell phones without obtaining prior express consent to do so.

According to the case, National Dealer Services and Legion, along with benefits administrator Palmer, overstepped the Telephone Consumer Protection Act by utilizing a pre-recorded voice to promote their vehicle service contracts to consumers who never gave authorization to receive the non-emergency calls.

The plaintiff says she received at least 34 calls from the defendants between August 19, 2019 and October 7, 2020. Upon answering each call, the plaintiff heard silence for several seconds followed by a pre-recorded message or artificial voice and was eventually transferred to a live agent after a period of time, the suit relays.

Per the complaint, the plaintiff knew the calls utilized a pre-recorded message or artificial voice because of the sound of the robotic voice and the fact that the content of the calls was always the same.

The plaintiff, according to the case, never consented to receive the defendants’ telemarketing calls “in any respect,” and her cell phone number has been listed on the National Do-Not-Call Registry since June 2011.

Per the case, the plaintiff suffered harm as a result of the defendants’ conduct:

“In addition to using Plaintiff’s residential cellular data, phone storage, and battery life, her privacy was wrongfully invaded, her seclusion was intruded upon, and Plaintiff has become understandably aggravated with having to deal with the frustration of repeated, unwanted messages, forcing her to divert attention away from her work and other activities. Not only did the receipt of the text messages distract Plaintiff away from her personal activities, Plaintiff was forced to spend time investigating the calls.”

As the suit tells it, the defendants concealed or “spoofed” their actual phone number from the plaintiff and proposed class members as a means to trick the consumers into answering calls “they believed were from a familiar number.”

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