Avis Settles TCPA Class Action Lawsuit

This is a settlement for the Nuisance caller lawsuits allege consumers are being harassed by companies lawsuit.

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New York, NY: Avis has agreed to settle a Telephone Consumer Protection Act (TCPA) class action lawsuit accusing the car rental company of sending automated text messages to customers without their permission.

The TCPA class action lawsuit was filed by a customer in New York who claimed that himself and other customers who rent a car through the Avis website are sent text message alerts about their rental regardless of whether or not they check a box to consent to the alerts.

According to the proposed class action lawsuit, “Defendant employed a backwards process: Instead of sending a text message asking for permission to send text messages, defendant should have obtained consent prior to sending any autodialed text messages.”

The plaintiff alleged that Avis sends the same opt-in message en masse to thousands of cellular telephone numbers throughout the country, using an automatic telephone dialing system, which has the capacity to store, produce or dial random or sequential numbers without human intervention, a violation of the federal TCPA privacy law.

The lawsuit further contended that Avis sends the same opt-in message en masse to thousands of cellular telephone numbers across the US, using an automatic telephone dialing system, which has the capacity to store, produce or dial random or sequential numbers without human intervention, a violation of the federal TCPA privacy law.

The terms of the settlement, including the amount, have not been publicly disclosed. The case is Joshua Sauberman v. Avis Rent A Car System LLC, case number 2:17-cv-00756, in the U.S. District Court for the District of New Jersey.

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