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Tired of receiving hundreds of unwanted telephone calls, a Maryland plaintiff is suing Discover Financial Services for allegedly violating the Telephone Consumer Protection Act (TCPA) by using an automated dialing system to contact her without permission.
According to plaintiff Andrianna A., Discover began contacting her in 2015 in order to collect a debt. Despite Andrianna telling Discover to stop calling her, the financial services company continued to call her multiple times a day.
Andrianna believes the calls were placed using an automated telephone dialing system because of the frequency, number, nature, and character of the calls.
The Discover TCPA lawsuit describes Andrianna’s struggle to stop the alleged telephone harassment. Between March 30 and Aug. 30, Discover reportedly used an automated dialing system to call Andrianna at least 931 times. During this time period Discover called Andrianna multiple times a day, once even calling 22 times in the same day.
Overview of TCPA Allegations
Andrianna is suing Discover for repeatedly violating the TCPA, a statute that Congress passed in 1991 to help consumers combat aggressive marketing and spam telephone calls.
The TCPA sets out rules that companies must follow when contacting consumers by telephone, including being conscious of when they are placing calls and adding a consumer to their do-not-call registry when requested by the consumer.
The TCPA also forbids companies from using an automated dialing system, which randomly generates phone numbers, to contact consumers. Any company found to unintentionally violate the TCPA can be charged $500 per violation, while companies in willful violations can be fined to to $1500 per violation.
The Discover TCPA Lawsuit is Andrianna A. v. Discover Financial Services, Case No. 1:15-cv-02648-GLR, in the U.S. District Court for the District of Maryland.
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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