One Main Robocall Lawsuit Alleges TCPA Violations

A Texas woman has filed a One Main robocall lawsuit, claiming the company’s continued calls constitute harassment and are in violation of the Telephone Consumer Protection Act (TCPA).

Plaintiff Deborah T. filed the One Main robocall lawsuit claiming within the last year, One Main began calling her cell phone number using an automatic telephone dialing system and an artificial or prerecorded message.

When Deborah answered call from One Main, she heard a prerecorded voice which requested that she call One Main.

One Main Robocall Lawsuit Alleges Harassment

According to the One Main robocall lawsuit, even after Deborah spoke with One Main in November 2015 and demanded the call cease, the company continued to place automated calls to her cell phone number.

These unwanted calls to Deborah were not placed for “emergency purposes” as defined by the TCPA and Deborah claims she was “annoyed, harassed, and inconvenienced by Defendant’s continued calls.”

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

About the Telephone Consumer Protection Act

The TCPA was first enacted in 1991 to address concerns over unregulated and harassing telemarketing calls and faxes.

Over the years, the TCPA has expanded its reach and now not only regulates telemarketing faxes and landline calls, but also regulates calls made to cellphones using an automatic telephone dialing system (robocalls), prerecorded voice messages, and text messages.

When telemarketers or debt collectors make robocalls or prerecorded calls, or send text message or fax solicitations in violation of the law, affected consumers may file a TCPA lawsuit, either individually or as a class action, to obtain compensation for the harassment they have endured.

These types of robocall and telemarketing lawsuits can be filed against any company that has violated the TCPA, including debt collectors, retailers, banks, credit card companies, and finance companies.

Consumers who successfully pursue a claim under the TCPA can recover up to:

• $500 for each violation of the Do Not Call Registry;
• $500 per phone call, text message, or fax that violates the TCPA; and
• $1,500 per phone call, text message, or fax if the consumer can show that the telemarketer “willfully or knowingly” contacted him/her after the individual notified the company of his/her desire to opt out.

Filing a TCPA Lawsuit

If you are being bothered by telemarketers or debt collectors via unwanted robocalls, text messages, or junk faxes, contact an experienced TCPA attorney to learn more about your rights and what you can do to make the unwanted calls stop.

The One Main Robocall Lawsuit is Case No. 4:16-cv-511 in the U.S. District Court for the Eastern District of Texas, Sherman 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.

Get a Free Case Evaluation Now