Sarah Mirando  |  June 13, 2012

Category: Legal News

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Citibank TCPA Class Action Lawsuit

By Matt O’Donnell

 

CitibankCitibank customers have filed a class action lawsuit against the bank, claiming it harasses those who debts by repeatedly autodialing their cellphones without prior express consent.

According to their class action lawsuit, Citibank has been violating the Telephone Consumer Protection Act (TCPA), which prohibits companies from contacting people on their cellphones by using an “automatic telephone dialing system” or using “an artificial or prerecorded voice” without their prior express consent.

Lead Plaintiff Kimberley Baker claims in the class action lawsuit that beginning in 2011, Citibank repeatedly contacted her on her cellphone up to approximately seven to eight times per day, at all hours of the day. Baker said she never gave Citibank permission to contact her via her cellphone number, and had no ability to request that the calls end or to voice her complaints to a real person because the calls were prerecorded.

This is not the first time Citibank is in trouble for TCPA violations.

 
In 2008, the FCC issued a citation to Citibank for violations of the TCPA, admonishing Citibank that if it violated the Communications Act or the Commission’s rules in any manner after receiving the citation, that the FTC would fine Citibank for each such violation or each day of a continuing violation, the class lawsuit says.

Despite these prior violations and the FCC’s citation, Citibank has continued to violate the TCPA by contacting customers on their cellphones via an automatic telephone dialing system and/or artificial prerecorded voice without their prior consent, according to the TCPA class action lawsuit.

The Citibank TCPA class action lawsuit is seeking over $5 million in damages for the alleged violations, or up to $1,500 in statutory damages per Class Member for each call that violated the TCPA. It is seeking to represent a proposed class of all persons in the U.S. who received a non-emergency cellphone call from Citibank through the use of an automatic dialing system or an artificial or prerecorded voice, and who did not provide prior express consent for such calls during the transaction that resulted in the debt owed.

A copy of the Citibank TCPA Class Action Lawsuit can be read here.

The case is Kimberley Baker, et al. v. Citibank, N.A., Case No. 12-cv-05038, U.S. District Court, Central District of California, Western Division.

 

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Updated June 13th, 2012

 

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3 thoughts onCitibank TCPA Class Action Lawsuit

  1. Chris Tebeau says:

    How can I join this because they did the same to me. They called me 13 times in one weekend in 2011.

  2. Anonymous says:

    bastards

  3. Anonymous says:

    Curious – this has been happening to me for years, my cell phone specifically for the past year, but the name on the recording is not mine. I have incurred costs, but would I still be covered I wonder.

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