Woman Files TCPA Lawsuit Over Incessant Synchrony Robocalls

A North Carolina resident recently filed a TCPA lawsuit against Synchrony Bank, alleging she received incessant Synchrony robocalls in violation of telephone consumer protection laws.

The plaintiff, Tawanna H., claims that she began receiving robocalls from Synchrony Bank, formerly known as GE Capital Retail Bank, in 2017 on her cell phone. She claims that these Synchrony robocalls were placed with the use of an automatic telephone dialing system (ATDS). She also received a number of voicemail messages from Synchrony.

In October 2017, Tawanna had had enough of these Synchrony robocalls, and waited on the line to speak to a live representative, requesting that the calls cease. Despite her request for the calls to stop, which revoked any prior express consent she may have given, the Synchrony robocalls kept coming.

Having tried to put an end to the Synchrony robocalls by revoking consent, Tawanna then turned to litigation, filing her Synchrony robocalls lawsuit on April 18, 2018, in the U.S. District Court for the District of Utah.

On top of causing Tawanna anxiety, frustration, and annoyance, the lawsuit claims, these Synchrony robocalls also violate the rules set forth in the TCPA—the Telephone Consumer Protection Act.

The lawsuit calls for treble damages of $1,500 for each one of these Synchrony harassing phone calls that knowingly violated the TCPA. A negligent violation of the TCPA would incur a $500 fine.

Background of the Telephone Consumer Protection Act

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

The Telephone Consumer Protection Act has always focused on the placement of unwanted solicitation calls, or the use of an autodialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive these calls. However, in more recent years, the TCPA has expanded to include SMS text messaging as well as traditional unwanted solicitation calls.

Reporting TCPA Violations

Reporting violations of the TCPA or filing a lawsuit can help force companies like Synchrony Bank and countless others to comply with TCPA regulations. Reports of violations may also grant consumers award money per individual violation.

These kinds of TCPA violations are extremely common—so common that many consumers are used to it, and may not even know that these practices are illegal. According to the Federal Communications Commission, or FCC, the agency received more than 215,000 individual TCPA complaints in the year 2014 alone.

If you have received unwanted robocalls or prerecorded messages from a company without having given prior express permission, or after placing your name on a federal Do Not Call telemarketer list, you should be able to report these violations and receive compensation.

Unwanted robocalls or texts in willful or knowing violation of the TCPA may be subject to fine of $500, but a violation made in willful or knowing violation of the TCPA can increase that fine to up to $1,500.

In order for your TCPA claims to be most effective, you will need to provide proof of these violations. Keep messages and phone records of the unwanted solicitation calls placed to your phone.

The Synchrony Robocalls Lawsuit is Case No. 2:18-cv-00322-DAK-BCW, in the U.S. District Court for the District of Utah.

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