Plaintiff Says Capital One Keeps Calling Illegally

A man alleges that Capital One keeps calling him illegally, in violation of the TCPA.

Plaintiff Shawn M. has initiated a Capital One robocall lawsuit alleging that the bank and credit company’s behavior is in violation of the Telephone Consumer Protection Act. This federal statute regulates automated telephone equipment and forbids individuals and businesses from placing unsolicited marketing calls using prerecorded messages and using automatic dialers without the called party’s consent.

According to the Capital One lawsuit, Shawn, an Indiana resident, says Capital One keeps calling him excessively. Shawn says that in the fall of 2017, and in an attempt to collect a debt, Capital One began calling the plaintiff on his cell phone number in order to capitalize on the collection of that alleged debt. Later on, in that same month, the plaintiff says he received a collection call from the defendant.

The plaintiff alleges in his Capital One lawsuit that there was a pause before the collection agent started to speak, which he says is an indication that the company was using an automated telephone dialing system. The plaintiff revoked consent to be contacted in the future, he claims.

However, despite Shawn’s request for Capital One to discontinue reaching out to him relating to this debt, he says the defendant allegedly continued to call the plaintiff. According to Shawn, Capital One keeps calling every day through Feb. 27, 2018. The TCPA lawsuit lodged by the plaintiff says that the defendant contacted the plaintiff between one and two times every day for a total of no less than 72 times.

Shawn argues that the defendant is responsible for violating federal laws that prohibit the use of automatic dialers. The plaintiff says that he was contacted around the same time every single day, indicating the use of a predictive dialing system.

Other consumers who have been contacted excessively and believe that they might be entitled to compensation under the terms of TCPA might be ableot take legal action in the form of filing a lawsuit against the responsible party. Those individuals who have been subject to these unfortunate behaviors should consult with an attorney.

When a debt collector goes over the line repeatedly and the alleged debtor has already asked them to stop, it’s best to keep a record of every communication and your requests to stop the behavior. This information could end up as evidence in a TCPA lawsuit down the line if the collector won’t stop reaching out, putting the debtor in the difficult position of coping with these issues often.

If you or someone you know is already dealing with the problems provided when Capital One keeps calling, you don’t have to tolerate behavior that violates laws or your rights. When this happens, the sooner you communicate with an attorney about next steps, the sooner this behavior should stop and you will be able to pursue compensation.

The Capital One TCPA Lawsuit is Case No. 1:18-CV-00176-TLS-SLC filed in the United States District Court Northern District of Indiana.

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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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