Capital One TCPA Lawsuit Filed After Unwanted Collection Calls

A Florida woman is claiming that Capital One Bank violated the Telephone Consumer Protection Act (TCPA) and placed unwanted calls to her.

Plaintiff Amelia P. is filing a Capital One TCPA lawsuit against the large bank for TCPA robocall violations.

Capital One TCPA Lawsuit Alleges Over 160 Unwanted Calls

In this Capital One TCPA lawsuit, Amelia claims that the bank attempted to collect an alleged debt from her by a series of phone calls.

She says that Capital One called her cell phone at least 100 times since February 2016.

The plaintiff also states that some or all of the calls were made using an automatic telephone dialing system.

This has the capacity to “store or produce telephone numbers to be called, using a random or sequential number generator (including but not limited to a predictive dialer) or an artificial or prerecorded voice.”

In essence, an automated dialer is what some call a “robo-caller.”

Amelia says that she knows it was an automatic dialer because of two things: the vast amount of calls she got, as well as the fact that she heard a pause when she answered her phone and before a voice or a prerecorded message came on.

This alleged debt that Capital One was attempting to collect was regarding a credit card loan.

According to this Capital One TCPA lawsuit, the bank “willfully and knowingly” harassed Amelia by calling her cellphone up to twice a day since February 2016.

In May 2016, she orally revoked any right Capital One had to call her. She asked them to “please stop calling,” yet they continued to call her.

Every call that the Capital One autodialer made to her cell phone after May 2016 was after she had revoked consent.

She estimates that she received nearly 60 more calls after she asked Capital One to cease calling her.

According to her Capital One TCPA lawsuit, the plaintiff claims that the bank had a corporate policy to use an autodialer with either a prerecorded voice or an artificial voice.

She additionally claims that Capital One’s corporate policy also includes continuing to call individuals even after they have requested not to be called any longer, not providing means for removing phone numbers from its call list and to harass and abuse individuals despite actual knowledge that they do not wish to be called.

Amelia claims that for every call she received after revoking consent, Capital One violated TCPA regulations. She also accuses Capital One of invading her privacy on numerous occasions.

What is the TCPA?

According to this Capital One TCPA lawsuit, the Telephone Consumer Protection Act was enacted to protect consumers against companies like Capital One from abusive “robo-calls” as well as privacy invasion.

According to the FCC, “Unwanted calls and texts are the number one complaint to the FCC. There are thousands of complaints to the FCC every month on both telemarketing and robocalls. The FCC received more than 215,000 TCPA complaints in 2014.”

The Capital One TCPA Lawsuit is Case No. 8:16-cv-02573 in the U.S. District Court for the Middle District of Florida.

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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