OneMain Hit With TCPA Class Action For Robocalls

An Indiana resident is suing OneMain Financial Services, claiming that its debt collection practices violate the Telephone Consumer Protection Act (TCPA).

Plaintiff Michael M. filed the TCPA lawsuit claiming that in early August 2014 OneMain Financial used an automatic telephone dialing system to place an unwanted phone call to him in an attempt to collect an alleged debt.

Michael alleges that OneMain Financial violated the TCPA by making debt collection calls to his cellphone even after he spoke with a OneMain representative and requested the defendant cease placing calls to his cell phone.

According to the OneMain Financial TCPA lawsuit, even after Michael revoked his consent to receive these unwanted cell phone calls from OneMain Financial, the defendant placed at least 16 telephone calls using an automatic telephone dialing system between July 8 and July 21, 2014.

Michael is seeking $500 in statutory damages for each negligent TCPA violation and $1,500 in statutory damages for each knowing and/or willful violation of the TCPA. He has demanded a jury trial for this case.

Telephone Consumer Protection Act

The TCPA is designed to protect consumers from receiving calls placed from an automatic telephone dialing system or pre-recorded messages on their cell phone unless the consumer has provided prior express consent (it also covers text message spam). The most common violators of the TCPA are debt collectors, banks and telemarketers.

Under the TCPA, the Federal Communications Commission (FCC) established rules addressing robocalls or unsolicited phone calls by telemarketers and debt collectors in 1991. The Unwanted Telephone Marketing Calls Guide on the FCC website lists three rules all telemarketers and debt collectors must follow:

• Anyone making a telephone solicitation call must provide his or her name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address where that person or entity can be contacted
• Telephone solicitation calls are prohibited before 8 a.m or after 9 p.m.
• Telemarketers must comply immediately with any do-not-call request made during a solicitation call.

TCPA Lawsuits

Many people are under the false impression that TCPA laws do not apply to debt collectors, but the FCC clarified in 2008 that indeed debt collectors fall under the TCPA statute. So for the last several years, many TCPA lawsuits have been filed in order to protect consumer rights against debt collection companies.

If you received an unsolicited phone call or text message spam you may be entitled to $500 up to $1,500 per call or text.

The OneMain Financial TCPA Class Action Lawsuit is Case No: 1:15-cv-01267-WTL-MJD in the U.S. District Court for the Southern District of Indiana, Indianapolis Division.

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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