Ally Financial Robocall Lawsuit Alleges Multiple TCPA Offenses

A woman from New Hampshire has recently filed an Ally Financial robocall lawsuit alleging the company called her numerous times using an automated dialing system.

The Ally Financial robocall lawsuit states that each of these solicitation calls was unwanted and that the company continued to call her after being asked to stop.

Plaintiff Heather G. says she filed this Ally Financial robocall lawsuit after exhausting all administrative options, with the company repeatedly calling her over the last two years. During these two years, Heather says she asked different Ally Financial representatives to stop calling her.

According to the Ally Financial robocall lawsuit, one of these instances was in February 2017. Heather says she told the company agent “don’t call me, I use my phone for work, no need for you to call me.”

Under the Telephone Consumer Protection Act (TCPA), companies must cease calling consumers after being asked and must add the consumer to their do-not-call registry for the next five years. In addition, the TCPA requires companies to have prior consent before making any unsolicited phone calls or sending unsolicited text messages to consumers.

The Ally Financial robocall lawsuit alleges the company did not follow either of these TCPA policies, leading Heather to file legal action.

According to the Ally Financial robocall lawsuit, the company contacted her again in December 2017. Heather says she told the representative: “I have already asked for you to stop calling me, why are you still calling me?”

Even though Heather had repeatedly asked company representatives to stop calling her, she claims, Ally Financial continued to call her. She alleges that not only did Ally Financial not have prior consent to contact her, but the company continued to call her despite being asked to stop.

Based on the number of times Ally Financial had contacted her, the Ally Financial robocall lawsuit alleges that an automated dialing system was most likely used to generate her cellphone number.

Heather is alleging various TCPA violations in her Ally Financial robocall lawsuit. Under the TCPA, fines can range between $500 to $1500 per violation depending on if willful intent can be proven.

Overview of TCPA Policy and Violations

The TCPA was enacted in 1991 by Congress to help consumers combat against aggressive telemarketers. The TCPA requires companies to follow strict policies when conducting themselves with consumers, with the focus on respecting the consumer’s right to privacy.

The TCPA has a number of rules that telemarketers must follow, including not calling after reasonable daytime hours, and not sending any unwanted communications to customers.

These unwanted communications can include both calls and text messages, as well as unwanted faxes. In order for these communications to be legal, companies must get express from consumers before sending these messages.

Furthermore, companies must cease all communications with consumers after being asked to stop and must add the consumer to their do-not-call registry for the next five years.

Consumers who find themselves experiencing unrelenting messages or phone calls from companies may be able to file legal action. Consumers who are considering filing a TCPA lawsuit should document evidence of these alleged violations including:

• A caller ID record
• Relevant voice messages and text messages
• A written summary, date, and time of the call
• Copies of any written requests that revoke consent from receiving these communications

This Ally Financial Robocall Lawsuit is Case No. 2:18-cv-12261-VAR-APP, in the U.S. District Court of Eastern Michigan, Detroit Division.

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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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