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A Virginia woman filed a TCPA lawsuit against Discover Financial Services alleging the company made harassing debt collection calls to her cell phone.
The Discover Financial Services TCPA lawsuit alleges the debt management company placed harassing robocalls, auto-dialed calls, pre-recorded calls, or artificial voice messages to her cell phone without her permission.
In most instances, robocalls and unsolicited text messages violate the Telephone Consumer Protection Act (TCPA). Generally, a TCPA violation results in a penalty of $500 to $1,500.
Plaintiff Amy D. alleges she received an unwanted cell phone call from Discover Financial Services in 2012, and after answering was prompted by an automated voice to press a button to speak to a live representative.
She said she made numerous requests to stop the automated calls to her cell phone. Even with a representative confirming the calls would stop, Amy claims that Discover continued to make hundreds of automated unwanted cell phone calls to her.
The lawsuit seeks the allowable penalties of $500 per TCPA violation, $1,500 for each call considered willful, which could include all those made after the company was told to stop calling. Amy also is asking for punitive damages.
TCPA: The Law and Lawsuits
The TCPA, enacted in 1991, is the main federal law that seeks to curb unsolicited phone calls placed using an automatic telephone dialing system.
Most pre-recorded or robocalls are banned unless you previously gave consent to receive the call or the call was made for emergency purposes. This ban applies even if you have not placed your phone number on the national Do Not Call list of numbers telemarketers must not call.
The Discover Financial Services TCPA Lawsuit is Case No: 1:15-cv-06341 in the U.S. District Court for the Northern District of Illinois Eastern Division.
If you received an automated call or unsolicited text message you may be entitled to $500 to $1,500 per violation.
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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