It seems no one is safe – while car dealerships are a frequent target for the Plaintiff’s bar, this time it’s a car manufacturer that’s been hit with a telemarketing class action.
On August 30, 2024, General Motors, LLC. (“GM”) filed a Notice of Removal in a putative class action lawsuit, seeking to have the case heard by the U.S. District Court for the Eastern District of Missouri, Eastern Division. The complaint and first amended complaint (“FAC”) were filed pro se before the Twenty-First Judicial Circuit Court of St. Louis County, Missouri, and alleged that GM had violated provisions of Missouri telemarketing laws as well as the Telephone Consumer Protection Act, 1991 (“TCPA”).
Background
The Plaintiff in the FAC alleges that GM makes random, direct dialed and robocall generated telemarketing calls to consumers who have no preexisting business relationship with GM and who have never consented to receive such calls. Additionally, Plaintiff claims that his number has been on the Missouri State and National Do Not Call Registries since June 2022, yet he received more than six calls from GM employees, agents, vendors, or affiliates in March 2024 on his personal residential cell phone number.
Plaintiff also pleads in the alternative that GM can be held vicariously liable for the alleged calls because they were made on its behalf.
On these grounds, Plaintiff seeks injunctive relief to halt the calls and damages in excess of $39,000, together with attorney’s fees.
Class Allegations
Plaintiff seeks to certify the following categories of classes:
Jurisdiction and Basis for Removal
GM seeks to remove the case to federal court under 28 U.S.C § 1331 and § 1441, arguing that the federal court has original jurisdiction over cases arising out of the TCPA, which is a federal statute.
In addition to the federal TCPA claims, the FAC also includes Missouri state law claims arising out of the same alleged calls. These state law claims are brought under the federal court’s supplemental jurisdiction, as permitted by 28 U.S.C. § 1367(a). This provision allows the federal court to hear both the federal and related state claims concurrently.
Implications and Impact
This is the first big TCPA class action filed against GM. The stakes are high, not only in terms of potential financial penalties but also because of the broader impact such litigation will have on GM’s telemarketing and compliance practices. In many ways, this case is a wakeup call – as a business you absolutely CANNOT afford to let your guard down.
For TCPA defendants, this also underscores the importance of retaining counsel who can navigate both complex substantive statutes and tricky procedural laws. Luckily for you, Troutman Amin, LLP has expertise in federal and state laws across the country and we can assist you in litigation just about anywhere – from OC all the way to Miami!
You can read the Notice of Removal here: Daniel Human v. General Motors, LLC.