Plaintiff Alleges Brooklyn Car Dealership Texted Him ‘Dozens’ of Times
The Plaza Auto Mall car dealership hounded plaintiff Christopher Bombardiere for months by sending “dozens” of text message solicitations advertising deals to his cellphone, despite his number having been listed on the national do not call registry since January 2015,…
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alleged his Telephone Consumer Protection Act class action Nov. 20 (docket 1:23-cv-08609) in U.S. District Court for Eastern New York in Brooklyn. Bombardiere repeatedly asked the Brooklyn dealership to stop texting him, but the texts continued “over and over again,” said the complaint. Plaza left him “no choice but to file this lawsuit to prevent further harassment,” it said. Plaza failed “to establish and implement reasonable practices and procedures to effectively prevent telephone solicitations” in violation of the TCPA, it said. Plaza also doesn’t maintain a written policy, available on demand, for maintaining an internal DNC list, as the TCPA requires, nor does it properly train employees or agents engaged in telemarketing on the existence and use of an internal DNC list, as the statute also requires, it said. Bombardiere “properly alleges injuries in fact, which are fairly traceable” to Plaza’s unlawful acts, “and are likely to be redressed by a favorable judicial decision,” it said. Receiving the unwanted telemarketing texts "resembles the kind of harm associated with intrusion upon seclusion,” it said. Bombardiere has reason to believe that Plaza has called or texted “thousands” of wireless customers to market its products and services without consent, or after consumers revoked their consent in “a reasonable manner,” it said.