Capital One Cell Phone Lawsuit Filed in Georgia Federal Court

Capital One is facing serious allegations of violating federal privacy laws by allegedly sending unwanted telephone calls to a Georgia woman.

According to the Capital One cell phone lawsuit, the financial giant sent numerous unwanted cell phone calls using an automated dialing system.

Under the Telephone Consumer Protection Act (TCPA), it is illegal for companies to place unwanted cell phone calls to consumers when they have been asked to stop. Companies are also not allowed to use an automated dialing system to place such calls.

Plaintiff Lenore V. is filing this Capital One cell phone lawsuit after allegedly receiving numerous unwanted collection calls placed to her cell phone. According to the Capital One cell phone lawsuit, Lenore asked the company to cease calling her on multiple occasions, but the calls still persisted.

Lenore’s Capital One cell phone lawsuit cites different points of evidence indicate the company had used an automated dialing system to call her, based on the following signs:

• The number and persistence of unwanted calls
• Unnatural amounts of “dead air” that is present when the call is answered
• The fact that Lenore was unable to stop the calls
• Artificial or pre-recorded voice that responds when the call is answered

Overview of TCPA Policy and Violations

Before the TCPA was enacted in the early 1990s, companies would often use automated dialing systems to generate phone numbers and make calls. Oftentimes, an artificial or pre-recorded voice responded when the call was answered and delivered the company’s message to the consumer.

Under the TCPA, companies are required to use live agents to call consumers and that these agents must be able to identify themselves along with the company they represent. In addition, companies must place consumers on their internal do-not-call registry if requested and must adhere to the list for at least several years.

Companies that are found not to be TCPA compliant could face statutory damages of between $500 to $1,500 per violation, depending if the company is found in willful violation of federal law. The TCPA was enacted to help protect consumers from against aggressive telemarketing from consumers, and to also implements regulations on when and how these calls are placed.

Lenore is filing this Capital One cell phone lawsuit alleging the company willfully violated the TCPA and had ignored her numerous requests for the calls to stop. Lenore is also citing violations against the Federal Debt Collection Practice Act (FDCPA), alleging the calls were along the lines of harassment and caused her emotional stress.

This Capital One Cell Phone Lawsuit is Case No. 1:17-cv-01046-WSD, in the U.S. District Court for the Northern District of Georgia, Atlanta 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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