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ARTICLE · 16 MARCH 2018

Federal Court Rules "Send To Phone" Feature Does Not Violate TCPA

Troutman Pepper Locke LLP
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A federal judge recently ruled that online auto retailer CarGurus, Inc. did not violate the Telephone Consumer Protection Act after a class action suit was filed against the company, alleging CarGurus...

United StatesConsumer Protection
Ebony Dryver
Ebony Dryver
Stephen Piepgrass
Stephen Piepgrass
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A federal judge recently ruled that online auto retailer CarGurus, Inc. did not violate the Telephone Consumer Protection Act after a class action suit was filed against the company, alleging CarGurus sent unsolicited text messages to individuals via their website.

CarGurus operates a website that allows users to search for vehicles based on make, model, and other criteria. If a user of the website comes across a car that piques their interest, the user can click on a link to enter their phone number into the website. The vehicle listing is then sent as a link to the user's phone via text message.

The suit alleged that in 2016, a woman received a vehicle listing text message from CarGurus, even though she had never been on the site or otherwise done business with the company. The plaintiff claimed this violated a provision of the TCPA that prohibits the use of an automatic telephone dialing system, or "ATDS,"  to call or send text messages to an individual without

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