Junk Cars Text Spam: Attorney to Sue Spammers For $500 a Text

Categories: News

junkcars.jpeg
In April, we exposed the junk car kingpin who has been sending incessant text message spam to all of South Florida. (Reminder: Gregorio A. Tejera's number is (305) 303-0119. I'm sure he's enjoyed hearing from all of you for the last month.)

Now an attorney is preparing a class-action lawsuit against several of the players involved in the text spam. And under federal law, the damages for each text message could potentially be $500. Considering some of you have complained of getting these texts almost every day... you might be able to sell that junk car after all.

Attorney Scott Owens said he first read about the junk car spammers from our article. We documented the heroic efforts of a reader we nicknamed Roscoe, who frequently baited the senders of the text into driving all across the county for cars that didn't exist. After calling a bunch of the phone numbers ourselves and knocking on doors associated with the numbers, we finally received a call from Tejera, who claimed his texts were legal.

Owens disagrees. If Tejera was using an automated system to send the texts-- which appears likely-- then, the attorney argues, he violated the Federal Consumer Protection Act. The law carries damages of $500 to the spammed for each phone call in violation, and judges have agreed in past cases that a text counts as a phone call.

Owens is a specialist in this sort of litigation. He sued Tootsie's Cabaret in Miami Gardens for spamming strip club patrons about a Rolex watch giveaway.

Owens expects to file suit against the junk car spammers this week or the next. Because of the murky nature of the texts, he's going with a machine-gun approach-- naming as defendants anybody he can find who is involved in the junk cars operation. We will post the complaint here as soon as he files it.

If you're in the mood for some comeuppance, you might want to email Owens and tell him you want in on the suit.

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17 comments
Eddie
Eddie

I'm tired of this messages, where can I get the contact for this lawyer

SEE YAA
SEE YAA

The e-mail I received from Mr. Owens...

To our fellow concerned citizens:

Things are moving fast at the Law Office of Scott D. Owens, and we are happy to announce that the "Junk Cars" text message spam lawsuit will be filed on May 25th, 2012!CONSUMER ALERT: We believe that unscrupulous telemarketing companies are attempting to circumvent federal law (i.e. the TCPA) by using phony political surveys to pitch scam prizes to unsuspecting consumers. They call using names such as "Political Opinions of America" to ask random political questions (using a prerecorded voice), these questions are immediately followed by a live sales pitch for travel or prizes. It is our legal opinion that this is a violation of the Telephone Consumer Protection Act, especially if your phone number is listed with the National Do Not Call Registry.  Please also check out the news link below.WHAT TO DO ABOUT IT: Contact our office if you receive such a phone call. Be sure to save the date, time, phone number, and if possible, the name of the person on the phone. You may be entitled to damages, even if you did not pay anything toward these companies.Also, you may file a complaint at donotcall. gov or by calling (888) 382-1222.Once again, we would like to thank everyone for their continued support of our efforts to stop spam text messages and unlawful telemarketing calls.Sincerely,Scott D. Owens Esq.Scott@ scottdowens.com

SEE YAA
SEE YAA

The e-mail I received from Mr. Owens....

To our fellow concerned citizens:

Things are moving fast at the Law Office of Scott D. Owens, and we are happy to announce that the "Junk Cars" text message spam lawsuit will be filed on May 25th, 2012!CONSUMER ALERT: We believe that unscrupulous telemarketing companies are attempting to circumvent federal law (i.e. the TCPA) by using phony political surveys to pitch scam prizes to unsuspecting consumers. They call using names such as "Political Opinions of America" to ask random political questions (using a prerecorded voice), these questions are immediately followed by a live sales pitch for travel or prizes. It is our legal opinion that this is a violation of the Telephone Consumer Protection Act, especially if your phone number is listed with the National Do Not Call Registry.  Please also check out the news link below.WHAT TO DO ABOUT IT: Contact our office if you receive such a phone call. Be sure to save the date, time, phone number, and if possible, the name of the person on the phone. You may be entitled to damages, even if you did not pay anything toward these companies.Also, you may file a complaint at donotcall.gov or by calling (888) 382-1222.Once again, we would like to thank everyone for their continued support of our efforts to stop spam text messages and unlawful telemarketing calls.Sincerely,Scott D. Owens Esq.Scott@scottdowens.com

Sven
Sven

Just e-mailed owens.  Hope they put that guy out of business.

SEE YAA
SEE YAA

Just received another one the other night at approx. 12:30 - 12:45 am! Think I am going to contact the atty.

Emedita
Emedita

 Spam is abhorrent, should be punished severely.

Bernadette
Bernadette

I use call blocking app and it really helps from unwanted texts and calls. I like Call Control, downloaded it from http://everycall.us It works wonders!

Kelly Rigel
Kelly Rigel

I've called the number and vehemently requested to be removed from their list and some snotty woman says, "sure". I got another text the next day, called again and she hung up on me as soon as I began explaining why I was calling AGAIN. 

Oskar Papo
Oskar Papo

i,m tired of getting those retarded text messages, I'm in!!!! where can i get in touch with that lawyer?

Aris Arrondo
Aris Arrondo

Mr. Owens e-mail link is broken...  please provide.

Sir Sausage
Sir Sausage

 She gets pretty pissed if you constantly call and hang up as soon as she answers.

Matt
Matt

Random question:   What would happen if a bunch of people accidentally called throughout the course of the day?  Say... an abnormally large amount of pocket dials perhaps.  I would imagine it would be hard to do much business that way.

Aris Arrondo
Aris Arrondo

can you post as a comment?  since it seems to not be working for some...

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