Kim Gale  |  September 15, 2017

Category: Consumer News

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TCPA-woman-cellphoneA Chase robocall lawsuit has been filed by a woman who claims JP Morgan Chase & Company called her cell phone hundreds of times after she asked them to cease calling.

Plaintiff Basya L. says Chase violated the Telephone Consumer Protection Act (TCPA) when the company continued to call her cell phone. The TCPA prohibits auto-dialed calls to a cell phone without consent.

According to Basya’s complaint, Chase “began its campaign of communicating with her via the use of an automated telephone dialing system and pre-recorded messages throughout the past four years” by calling her cell phone “on hundreds of occasions.”

Basya told Chase to stop calling her cell phone on multiple occasions, including on or around Nov. 11, 2016.

During that call, Basya provided a Chase customer service representative with the information needed to verify her account and then told the representative, “I’m getting a lot of phone calls on my cell phone and I really want these calls to stop. If you can please stop calling me, and just let me know what the issue is.”

The Chase customer service representative replied that Basya’s credit card payment was past due and over the limit, and that until a payment was received and posted to the account, Basya would continue to receive such calls.

According to the Chase robocall lawsuit, Basya insisted she didn’t want to receive the calls, but the Chase representative “responded by falsely stating that the calls are ‘their way of letting you know that your account with them has been past due on the account, and they are required to notify you of that status by law.’”

Although Basya made numerous requests for the harassing calls to stop, she claims Chase continued to call her cell phone with an automated dialing system and pre-recorded messages.

When Basya would answer the calls, no live customer service representative was on the line immediately, offering further proof that this was an automated phone dialing system that kept calling her.

Chase Robocall Lawsuit Alleges Actual Damages

The Chase robocall lawsuit alleges Basya suffered actual damages because the bank’s calls to her cell phone deprived her of using her phone during the times the bank was calling, depleted the battery life of the cell phone, and invaded on the Levy’s right to privacy and seclusion.

The latter is “the very harm that Congress sought to prevent by enacting the TCPA,” says the Chase robocall lawsuit.

The TCPA’s congressional sponsor Senator Hollings said that auto-dialed calls are “the scourge of modern civilization. They wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone out of the wall.”

If found liable for violating the TCPA, Chase could be on the hook for $500 for each “negligent violation” or $1,500 each for “every knowing and/or willful violation.”

The Chase Robocall Lawsuit is Case No. 3:17-cv-06363-PGS-TJB in the U.S. District Court for the District of New Jersey.

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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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15 thoughts onChase Robocall Lawsuit Challenges Hundreds of Unwanted Calls

  1. Ron Z says:

    I’m registered on the national Do No Call registry. Get them anyway. I’ve notified the registry. I’ve notified my governmental rep. I’ve asked them to put me on their do not call list. Nothing works. The only thing I believe will is to cripple them with fines. But then, who pays for that? You know – you and me.

  2. william k galloway says:

    WE HAD TO GET S[ECTRUM TO PUT A BLOCK ON UNSOLICITED CALLS LAST WEEK BECAUSE WE WERE GETTING SO MANY CALLS PER DAY AND AT NIGHT.

  3. Diane Trotter says:

    I have arthritis in my 5th lumbar vertebrae, arthrities in my right hip and both knees. It’s hard to ignore these calls because it could be a family member, doctor’s office calling to confirm, or other legitimate reason for someone to call me. Yes, they call 10-20x a day. Some get rude when you tell them to “not” call. I have reported 7 companies to BBB over the past month.

    I’ve found that companies outsource their robocalls or pay for legitimate leads. One service said they got my information from Home Advisor on the internet. I contacted Home Advisor and they gave me a list of companies they gave my information too.

    YES, they need to pay. It takes time to find out who’s doing the calls, what companies they are doing it for, filing reports, etc. The same robocompany deals with many, many energy companies and pretend they are connected with the government. This is outrageous and takes advantage of the elderly and sick.

  4. YOLANDA B says:

    The calls are fastidious

  5. Mc says:

    These calls are are annoying yes, and I get them from other companies and I don’t have past due bills. 10-20 times a day. BUT I think it’s ridiculous to claim you have actually suffered damage by being “deprived of using her phone, depleting her battery life” & such petty things. Yes it’s harassing, annoying and invasion of privacy but suing ppl for those petty claims too? Silly. The calls are ridiculous don’t get me wrong, but some ppl are out to get quick money by suing ppl who have a little more money than we do. That must have caused trauma and PSD. ?

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