TCPA Lawsuit Filed Over Santander Robocalls

A new lawsuit has been filed alleging Santander robocalls violated consumer protection law.

The lawsuit was filed by plaintiff Isabelle D., alleging that the company violated the Telephone Consumer Protection Act (TCPA) by calling her hundreds of times without her express consent.

As the Santander robocalls lawsuit explains, the TCPA was initially enacted to prevent companies from invading the privacy of American citizens using a practice known as robocalls. Unwanted texts and phone calls are the leading types of complaint filed with the Federal Communications Commission, making up thousands of complaints regarding robocalls and telemarketing every single month. The TCPA prohibits companies from using robocalls to contact consumers over the phone without their prior consent.

Santander Robocalls

The Santander robocalls lawsuit alleges that the defendant contacted the plaintiff nearly 500 times in an effort to collect on a disputed debt. All of the phone calls alleged in the Santander robocalls lawsuit were initiated from the same phone number, according to Isabelle.

The Santander robocalls lawsuit alleges that an automatic telephone dialing system was used to make the calls in violation of TCPA. Isabelle alleges that Santander used the autodialer to produce and store telephone numbers using a random or sequential number generator, such as a pre-recorded voice or a predictive dialer.

The plaintiff alleges in the Santander robocalls lawsuit that she knew it was an auto-dialer because of the sheer number of calls she received and the fact that each call began with a pause before she received pre-recorded messages from the defendant.

The plaintiff alleges that she requested the defendant discontinue their behavior contacting her on her cellular telephone over the course of four years. In December 2015, after receiving hundreds of calls that allegedly violated the TCPA, the plaintiff says she communicated with representatives at the defendant’s company via email, requesting that the harassing phone calls discontinued immediately. Isabelle says she followed this up with a phone call regarding the harassing telephone calls and requested again that the calls stop.

In July 2018, after dealing with more Santander robocalls, the plaintiff says she contacted the defendant’s representative via phone again. The TCPA lawsuit alleges that the robocalls made to the plaintiff’s phone were done so willfully and without the express consent of the plaintiff. The plaintiff alleges that her numerous conversations with the defendants over the phone and over email made it clear that she wanted the harassing behavior to stop, but the company continued to carry Santander robocalls out regardless.

TCPA Lawsuits

Consumers find robocalls so annoying because there’s usually no person on the other end of the line. With other kinds of harassing phone calls, the consumer answering the call can ask for their number to be taken off the company’s list. With automatic dialing services managed by a computer system, however, the call might or might not be picked up after a brief pause.

Robocalls became extremely popular in the last decade, prompting legislation restricting this practice. Consumers filed complaints and contacted their legislators when the practice spread.

If you or someone you know has been subjected to Santander robocalls or other violations of the Telephone Consumer Protection Act, you could have grounds to pursue a lawsuit or participate in a class action lawsuit investigation.

The Santander Robocalls Lawsuit is Case No. 1:18-cv-03715-RWS filed in the United States District Court, Northern District of Georgia, Atlanta 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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