Plaintiff Alleges Dallas Car Dealership Invaded His Privacy via Unwanted Text Messages
Toyota of Dallas inundated plaintiff Rhonn Mitchell’s phone on "numerous occasions" with unsolicited telemarketing text messages, though his number was listed on the national do not call registry, and the texts continued even after he told the car dealership to…
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stop, alleged Mitchell’s Telephone Consumer Protection Act class action Tuesday (docket 3:23-cv-01278) in U.S. District Court for Northern Texas in Dallas. Mitchell was never a Toyota of Dallas customer and hadn’t given the dealership his “prior express written consent” to text him, said the complaint. Mitchell and all members of his proposed classes have been harmed by the acts of Toyota of Dallas “in the form of multiple involuntary telephone and electrical charges, the aggravation, nuisance, and invasion of privacy that necessarily accompanies the receipt of unsolicited and harassing texts, and violations of their statutory rights,” it said. The complaint asks that the dealership “be restrained from engaging in future telemarketing in violation of the TCPA.” It also asks that Toyota of Dallas or anyone acting on its behalf “be immediately restrained from altering, deleting or destroying any documents or records that could be used to identify class members.” The dealership didn’t comment Wednesday.