A recent lawsuit claims that a Wisconsin-based vehicle dealership sent repeated unsolicited marketing text messages to individuals whose phone numbers were listed on the national do-not-call registry, raising questions about consumer privacy and business telemarketing practices. The complaint was filed by Eric Lewis on April 17, 2026, in the United States District Court for the Eastern District of Wisconsin against Kunes Chevrolet GMC of Elkhorn, Inc.
According to the court filing, Eric Lewis brings this action individually and on behalf of others who allegedly received similar communications from the dealership. The suit alleges violations of the Telephone Consumer Protection Act (TCPA), a federal law designed to protect consumers from unwanted telemarketing calls and messages. The defendant is described as a vehicle dealership company engaged in selling high-performance vehicles and automotive services throughout Wisconsin and other states.
The complaint outlines that beginning in June 2025, Lewis began receiving multiple text messages promoting the dealership’s products and services. These messages were sent to his residential cellular number ending in 3620, which he had registered with the national do-not-call registry on February 21, 2025. The texts included offers such as “Hey Eric, did you know we have options like our No Fear Warranty? Curious to learn more? ~ Joel @ Kunes Country Chrysler Dodge Jeep Ram of Elkhorn” and continued through November 2025 with various promotions for vehicles including the Jeep Grand Cherokee.
Lewis asserts that he never provided express written consent for these marketing communications nor did he have any existing business relationship with Kunes Chevrolet GMC of Elkhorn. He claims these unsolicited texts resulted in “invasion of privacy, harassment, aggravation, and disruption of daily life,” not only for himself but also for thousands of other individuals who may have received similar messages.
The legal arguments presented hinge on provisions within the TCPA and its implementing regulations. Specifically, federal rules prohibit initiating telephone solicitations to residential subscribers listed on the national do-not-call registry without prior express consent. The complaint states: “No person or entity shall initiate any telephone solicitation to a residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry.” It further alleges that Kunes Chevrolet GMC failed to institute procedures required by law for maintaining internal do-not-call lists.
The proposed class includes all persons in the United States who received more than one text message from or on behalf of Kunes Chevrolet GMC within any twelve-month period since four years prior to filing this action while their numbers were listed on the national do-not-call registry for at least thirty days. Lewis believes that class members could number in the several thousands based on information regarding widespread marketing activities by the defendant.
Among other remedies, Lewis seeks certification of this case as a class action, statutory damages up to $1,500 per violation if found willful or knowing under TCPA guidelines, actual damages where applicable, an order declaring that Kunes Chevrolet GMC’s actions violated federal law, and an injunction requiring cessation of all unsolicited text messaging activity by the defendant.
The complaint also requests preservation of all records related to these alleged communications by both Kunes Chevrolet GMC and any third parties involved in sending them. A jury trial has been demanded.
Eric Lewis is represented by attorney Scott Edelsberg of Edelsberg Law P.A., based in Aventura, Florida. The case is identified as Case No. 2:26-cv-00669-SCD.
Source: 226cv00669_Lewis_v_Kunes_Chevrolet_GMC_of_Elkhorn_Inc_Complaint_Eastern_District_Wisconsin.pdf
