Our attorneys are investigating allegations that Audi dealers are utilizing the services of “Peak Performance,” a customer-retention company. Peak Performance is allegedly calling Audi-owners who formerly had their cars serviced at an Audi dealer, and tries to encourage these Audi-owners to come back to using the mechanics at the dealership.

Consumers allege that Peak Performance keeps calling them using an autodialing system. The Telephone Consumer Protection Act (TCPA) prohibits the use of an autodialing system to call consumers without their prior express consent.

TCPA Lawsuit: Volkswagen, Audi’s Parent Company, Hired a “Retention” Specialist to Robocall Former Customers

A TCPA lawsuit against Volkswagen and Peak Performance alleges that Volkswagen hired Peak Performance to try to win back lost customers—Audi owners who formerly had their cars serviced at an Audi dealership. Peak Performance, a customer-retention management company, promises on its website, “We return your lost customers with impressive efficiency,” according to the TCPA lawsuit.

The plaintiff alleges that starting in 2012, when his manufacturer’s warranty for his Audi expired, he stopped using the services of an Audi dealership. Soon thereafter, Peak Performance began repeatedly calling him on behalf of the Audi dealership to try to get his business back. They kept calling him throughout 2013, he says. These were robocalls, according to the plaintiff, because he heard dead air and a click when he answered, before finally be connected to a live person.

The plaintiff says that he gave his contact information to the Audi dealership when he was a customer for the sole purpose of “providing the dealership the ability to notify him when the servicing was complete.” He says that he did not provide prior express consent for them to use his phone number for telemarketing or “customer retention” purposes.

Our Current TCPA Lawsuits and Investigations

  • Target Robocalls Lawsuit – The retailer Target has faced several TCPA lawsuits in the past for unwanted calls or texts, including calls related to Target-brand credit cards. We are investigating whether Target’s alleged robocalling is ongoing.
  • Grand Canyon University Harassing Calls Lawsuit – We are investigating allegations that Grand Canyon admissions staff are making repeated unwanted calls to people’s cell phones. Former Grand Canyon employees have said the admissions recruiting job is essentially telemarketing.
  • Alliance Security Robocalls Lawsuit – We are investigating allegations that Alliance Security and Monitronics are using autodialed phone calls to telemarket their services.
  • Home Energy Solutions Robocall Lawsuit – We are investigating allegations that a “home energy” company, going by various names, is using automatic dialers to send spam telemarketing calls to people’s cell phones and landlines.

Our Consumer Practice Attorneys

Eric Gibbs

A founding partner at the firm, Eric has negotiated groundbreaking settlements that resulted in reforms to business practices, and have favorably shaped the laws impacting plaintiffs’ legal rights.

Dylan Hughes

Dylan Hughes concentrates his practice on investigating and prosecuting fraud matters on behalf of whistleblowers, consumers and employees harmed by corporate misconduct.

Amy Zeman

Amy has built a reputation in the plaintiffs’ bar for delivering results and justice to consumers and sexual assault survivors in class action and mass tort litigation. The Daily Journal named her a Top Woman Lawyer in California for 2021.

Dave Stein

David Stein represents clients in federal and state cases nationwide, ranging from securities and financial fraud class actions, to product liability, privacy, and data breach suits.

Steve Lopez

Steve Lopez represents consumers, employees, and whistleblowers harmed by corporate misconduct. He has prosecuted a variety of consumer protection and complex employment cases.

Geoffrey Munroe

Geoffrey Munroe represents plaintiffs in class action and mass tort cases in federal and state courts. Northern California Super Lawyers has named him a Rising Star (2010-2016).

Our Consumer Practice Experience

For nearly 30 years, our consumer protection attorneys have challenged unfair business practices that erode consumers’ confidence and compromise their rights. We have recovered hundreds of millions of dollars for clients in litigation against the world’s largest corporations, earning some of the largest consumer settlements of all time and establishing our reputation as a skilled and trusted advocate for consumers.

About Us

Gibbs Law Group is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and over a billion dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,” “Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”