TCPA Lawsuit: Discover Made Harassing Phone Calls

A Georgia woman filed a lawsuit against Discover Financial Services alleging the company made harassing debt collection calls to her cell phone.

The Discover Financial Services lawsuit alleges that credit card company placed harassing robocalls, auto-dialed calls, pre-recorded calls, or artificial voice messages to her cell phone without her permission.

In most instances, robocalls and unsolicited phone calls or text messages violate the Telephone Consumer Protection Act (TCPA). Generally, a TCPA violation results in a penalty of $500 to $1,500.

Plaintiff Gina T. alleges she began receiving numerous unwanted cell phone calls from Discover Financial Services in 2014 in regards to an alleged debt and for non-emergency purposes. In July 2014, Gina said she made a request to stop the automated calls to her cell phone.

Even though she revoked her consent for Discover to use an automatic telephone dialing system to call her cell phone, the unwanted cell phone calls continue. Gina claims that since July 2014, Discover used an autodialer to make at least 60 automated unwanted cell phone calls to her.

The lawsuit seeks the allowable penalties of $500 per TCPA violation, $1,500 for each call considered willful, which could include all those made after the company was told to stop calling.

TCPA Violations

The TCPA, enacted in 1991, is the main federal law that seeks to curb unsolicited phone calls placed using an automatic telephone dialing system.

Most pre-recorded or robocalls are banned unless you previously gave consent to receive the call or the call was made for emergency purposes. This ban applies even if you have not placed your phone number on the national Do Not Call list of numbers telemarketers must not call.

If you received an automated unsolicited phone call or unsolicited text message you may be entitled to $500 to $1,500 per TCPA violation.

The Discover Financial Services TCPA Lawsuit is Case No: 1:15-cv-00181 in the U.S. District Court for the Southern District of Georgia, Augusta 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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