Frequently Asked Questions

The lawsuit alleges that Defendant sent text messages to Plaintiff’s telephone number after Plaintiff asked Defendant to stop doing so in violation of the TCPA and FTSA, and seeks actual and statutory damages under the TCPA and FTSA on behalf of the named Plaintiff and a class of all individuals in the United States.

Defendant denies each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through trial.

The Plaintiff’s Complaint, Settlement Agreement, and other case-related documents are posted here. The Settlement resolves the lawsuit. The Court has not decided who is right.

The Telephone Consumer Protection Act (commonly referred to as the “TCPA”) is a federal law that restricts the use of marketing related text message calls without prior express consent. The Florida Telephone Solicitation Act (“FTSA”) is similar to the TCPA and is a Florida state law that restricts the use of marketing text message calls to consumers 15 days after the consumer has told the companies to “stop.”

The Court has not found in favor of either Plaintiff or Defendant. Instead, both sides have agreed to a settlement. By agreeing to the Settlement, the parties avoid the costs and uncertainty of a trial, and if the Settlement is approved by the Court, Settlement Class Claimants will receive the benefits described in this Notice. Defendant denies all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlement is best for everyone who is affected.

The Settlement includes all persons who received text messages on their telephone from Defendant after having first asked Defendant to stop sending them text messages. Specifically, the Settlement Class is defined as:

All persons within the United States who, from March 10, 2021 through September 20, 2025, (1) were sent a text message as reflected in the text message logs produced in this case, (2) and who opted out of Defendant’s messages but continued to receive text messages 15 days after opting out.

The Settlement Class excludes the following: (1) the trial judge presiding over this case; (2) Defendant, as well as any parent, subsidiary, affiliate, or control person of Defendant, and the officers, directors, agents, servants, or employees of Defendant; (3) any of the Released Parties; (4) the immediate family of any such person(s); and (5) any Settlement Class Member who has timely opted out of this proceeding.

If you qualify for a payment, you must complete and submit a valid Claim Form. You may download a Claim Form here, or request a Claim Form by calling the Settlement Administrator at 1-833-806-3492. To be valid, a Claim Form must be completed fully and accurately and submitted timely. One claim is allowed per Settlement Class Member.

You must submit a Claim Form by U.S. mail or through the Settlement Website, and it must be postmarked by April 9, 2026.

Please read the Claim Form carefully and provide all the information required. Only one Claim Form may be submitted per Settlement Class Member.

To exclude yourself from the Settlement, you must send a timely letter by mail to:

FRL Automotive TCPA Case
PO Box 2005
Chanhassen, MN 55317-2005

Your request to be excluded from the Settlement must be personally signed by you under penalty of perjury and contain a statement that indicates your desire to be “excluded from the Settlement Class” and that, absent of excluding yourself or “opting out,” you are “otherwise a member of the Settlement Class.”

Your exclusion request must be postmarked no later than January 23, 2026. You cannot ask to be excluded on the phone, by email, or at the Settlement Website.

You may opt out of the Settlement Class only for yourself.

If you are a Settlement Class Member (and do not exclude yourself from the Settlement Class), you can object to any part of the Settlement. To object, you must timely submit a letter that includes the following:

1. A heading that includes the case name and case number—Karpiel FRL Automotive LLC d/b/a Toyota of North Miami– Case Number 2025-020201-CA-01;
2. Your name, address, telephone number, the cell phone number at which you received text messages from Defendant and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
3. A signed statement stating, under penalty of perjury, that you received one or more text message from Defendant and are a member of the Settlement Class;
4. A statement of all your objections to the Settlement including your legal and factual basis for each objection;
5. A statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel, and if with counsel, the name of your counsel who will attend;
6. The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that you file the objection, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the firm’s prior objections that were issued by the trial and appellate courts in each listed case;
7. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; and
8. Any and all agreements that relate to the objection or the process of objecting—whether written or verbal—between you or your counsel and any other person or entity.

If you wish to object, you must file your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mail your objection to each of the following three (3) addresses, and your objection must be postmarked by January 23, 2026.

Clerk of the Court
Eleventh Judicial Circuit
Miami-Dade County
73 West Flagler Street
Miami, FL 33130

Class Counsel
Manuel Hiraldo, Esq.
Hiraldo, PA
101 NE 3rd Avenue, Suite 1500
Fort Lauderdale, FL 33301

Defendants’ Counsel
Ejola Cook, Esq.
Kelley Kronenberg
10360 West State Road 84
Fort Lauderdale, FL 33324

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

The Court has scheduled a Final Approval Hearing on March 25, 2026 at 11:45 a.m. in the Virtual Courtroom. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys’ fees and expenses and for a Service Award to the Class Representative. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

The Notice summarizes the proposed Settlement. You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement here. You also may write with questions to the Settlement Administrator at FRL Automotive TCPA Case, PO Box 2005, Chanhassen, MN 55317-2005, email them at FRLTCPACase@noticeadministrator.com, or call the toll-free number, 1-833-806-3492.