Capital One class action lawsuit alleges company makes invasive robocalls

Capital One class action robocalls overview: 

• Who: A Texas woman is suing Capital One bank.
• Why: She says the bank contracted debt collectors who incessantly dialed her phone number with robocalls.
• Where: The Capital One robocalls class action was filed in a Texas federal court.

A Texas woman is suing Capital One after she says the bank contracted debt collectors to chase an auto finance debt, who then allegedly targeted her phone number with incessant robocalls.

Plaintiff Tiffany W. Kelly filed the class action lawsuit against Capital One on June 28 in a Texas federal court, alleging violations of the Telephone Consumer Protection Act (TCPA) and the Texas Business and Commerce Code.

The lawsuit is also leveled against third party agents who Capital One contracts to collect defaulted vehicle loan payments, and who allegedly falsely identify themselves as “Capital One Auto Finance.” 

According to the lawsuit, despite Kelly’s request that the robocalls stop, she was still hit with at least 20 more calls. To illustrate her frustration, Kelly’s lawsuit quotes an opinion from the Supreme Court: “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.”

Identical, recorded calls flood plaintiff’s voicemail, she says

Kelly says she co-applied for and was issued an auto loan from Capital One to fund the purchase of a car. However, in January, she was in an accident that totaled the vehicle, leaving an unpaid balance on the loan. 

“As a result of the alleged unpaid balance, Defendant started placing voluminous collections calls to Plaintiff’s cellular phone,” the lawsuit states.

The messages were generic and identical, and did not refer to her by name, indicating that they were prerecorded voicemails, or robocalls, Kelly says.

The TCPA was primarily enacted to protect people from the harassment associated with unsolicited automated calls, she states.

Plaintiff seeks hundreds of dollars of compensation for each robocall

On May 3, after submitting to the robocalls for months, Kelly says she became fed up with the “invasive robocalls” and instead answered one of the calls and requested that Capital One stop its collection calls. 

“Despite Plaintiff’s request that the robocalls cease, Defendant continued placing robocalls to Plaintiff’s cellular phone,” the lawsuit states, adding that 20 more calls were placed after her request to stop.

Kelly claims the collection calls were an invasion of privacy and caused her aggravation, annoyance and mental anguish. She says she was forced to retain a lawyer to get Capital One to stop its allegedly “abusive collection practices.” 

She’s now suing on behalf of anyone in the United States who got a prerecorded voice call from a Capital One-contracted party without their consent in the past four years. She’s seeking an order blocking Capital One from placing further calls to her, and an award of at least $500 for each violating call, plus treble damages.

In a recent settlement, Capital One agreed to pay $16 million to resolve claims it charged unlawful fees for returned check or ACH debit transactions.

Have you got a robocall from a debt collector? Let us know in the comments!

The plaintiff is represented by Mohammed O. Badwan of Sulaiman Law Group Ltd.

The Capital One Robocalls Class Action Lawsuit is Tiffany W. Kelly v. Capital One et al, Case No. 3:24-cv-01653-X in the U.S. District Court for the Northern District of Texas.

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