Unwanted Phone Calls from Capital One Lead to TCPA Lawsuit

A Kentucky plaintiff recently filed a TCPA lawsuit after receiving unwanted phone calls from Capital One, claiming the calls were illegal.

According to plaintiff William C., he began receiving unwanted phone calls from Capital One in November of 2015, despite not having any relationship with the company.

The calls came from a number that, when called, answers with a pre-recorded message stating, according to the lawsuit: “Thanks for calling Capital One. Please say or enter your sixteen digit card number. Para Español oprima dos. You can also say ‘apply for a new account.’”

Challenging Unwanted Phone Calls from Capital One

The plaintiff also believes that the unwanted phone calls were made using an automatic telephone dialing system, since he heard an extended pause before the voice began to speak.

These systems are more commonly known as an autodialer, where a machine would spit out a stored or generated telephone number to contact. The plaintiff allegedly received a “vast number” of these calls, further cementing the idea that the calls were made by an autodialer system.

After being barraged with these unwanted phone calls from Capital One for months, William C. says he verbally revoked any prior express consent the defendant had mistakenly thought he’d given.

Despite this, Capital One continued to place calls to the plaintiff. The lawsuit claims that any autodialer calls made after he revoked express consent were therefore “knowing and willful” violations of the TCPA.

Telephone Consumer Protection Act Basics

The Telephone Consumer Protection Act, or TCPA, was enacted in 1991. The TCPA was intended to protect consumers from unwanted solicitation through technology.

The TCPA has always focused on the placement of unwanted robocalls, or the use of an auto dialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive such calls.

While technology has changed substantially since the inception of the TCPA, TCPA rules have expanded to accommodate new technologies as well. As new technology such as cell phones has emerged, the TCPA has expanded to include SMS text messaging.

Reporting TCPA Violations

Reporting TCPA violations or filing a lawsuit over robocalls, like unwanted phone calls from Capital One, can help force companies to comply with TCPA rules. Reports of such violations may also reward consumers with a set amount of award money per individual violation.

According to the Federal Communications Commission, or FCC, reports of unwanted phone calls are extremely common. The FCC received more than 215,000 individual TCPA complaints in 2014 alone.

While some consumers who reported violations to the FCC clearly knew about TCPA laws, many do not, or at least do not know the specifics of TCPA rules. Because of this, many consumers who have been contacted by companies using robocalls are left unable to make a report.

If you have received robocalls from a company without having given permission, you may be able to report these violations and receive compensation per violation.

The Capital One Unwanted Phone Calls Lawsuit is Case No. 3:16-cv-605-CRS, in the U.S. District Court for the Western District of Kentucky.

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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