Heba Elsherif  |  July 9, 2018

Category: Consumer News

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Chase Debt Collection Phone Calls Lawsuit Filed Over Alleged TCPA ViolationsChase debt collection phone calls allegedly violated the Telephone Consumer Protection Act (TCPA), according to a new lawsuit.

Plaintiff Jason T. filed the Chase debt collection phone calls lawsuit in Tennessee federal court. The lawsuit demands a trial by jury and was filed on June 5, 2018.

According to Jason, Chase bank called him an approximate total of seventy-five times in an attempt to collect on an auto loan that he owed on a 2007 Hyundai Sonata. He says that Chase made calls to his cellular phone using an automated telephone dialing system (ATDS) — an alleged TCPA violation.

Jason says that he knew that it was an ATDS system “because of the vast number of calls he received and because he heard a pause when he answered his phone before a voice came on the line, “the Chase debt collection phone calls lawsuit states. He says that he also received pre-recorded messages from Chase.

Jason says on Feb. 16, 2018 he answered a Chase bank call and asked the representative and Chase to stop calling his cellular phone. Unfortunately, he claims he later received almost thirty-five calls from Chase through the ATDS system to his cellular phone. Jason says he did not provide any express consent for these calls to be made.

According to the Chase debt collection phone calls lawsuit, Jason “suffered the injury of the occupation of his cellular telephone line and cellular telephone by unwelcome calls, making the cellular telephone unavailable for legitimate callers or outgoing calls while the cellular telephone was ringing from Defendant’s call. “

The Chase debt collection phone calls lawsuit is filed on a count of violation of the TCPA.

Overview: Chase Debt Collection Phone Calls

The TCPA was passed by Congress in 1991 and reaffirmed with some changes in 2012. The TCPA helps regulate auto-dialed calls, telemarketing calls, prerecorded calls, text messages, and unsolicited faxes. It specifically places restrictions on robo calls and pre-recorded messages made by debt collectors and telemarketers.

Under the Act, a National-Do-Not Call Registry was established in 2003. The registry creates further protection for consumers against nuisance calls and telemarketing calls. The registry covers interstate and intrastate calls.

Some practices are prohibited by the TCPA. These include calls to cell phones, calls to residential phone lines, and telemarketing calls to consumers on the Do-Not-Call Registry. Under the TCPA, automated calls, text messages to cell phones, and pre-recorded messages and prohibited.

Every time an automated “robo” call, pre-recorded message, or text message is sent to a consumer’s cell phone, it is a violation of the TCPA. However, exceptions to this rule are if and only if a consumer has provided explicit consent. In any case, a consumer is allowed to revoke their consent at any time and a telemarketer or debt collector must abide by that request to remain in compliance with the TCPA.

Prohibitions under the TCPA include pre-recorded messages sent to residential homes. The prohibition applies to consumers who do not have an “established business relationship” with the company. Any consumer further on the Do-Not-Call List is also prohibited from being contacted, according to the TCPA.

The Chase Debt Collection Phone Calls Lawsuit is Case No. 2:18-cv-00048, in the U.S. District Court for the Middle District of Tennessee, Northeastern 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.

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