Capital One Robo Calls Lawsuit Alleges TCPA Violations

Capital One Bank is facing a new Capital One robo calls lawsuit in Florida federal court over allegations that the company violated the Telephone Consumer Protection Act (TCPA).

Plaintiff Keith E., who filed the Capital One robo calls lawsuit, is a resident and citizen of the state of Florida.

According to the Capital One robo calls lawsuit, Keith says that he received a series of telephone calls in an attempt by the company to collect on a debt that the company mistakenly thought he owed.

The lawsuit alleges that Capital One intentionally “harassed and abused” him with the number of calls that were at such a frequency that it could “reasonably be expected to harass,” the lawsuit states.

In fact, according to the Capital One robo calls lawsuit, the company did not have “express consent” to call Keith on his cellular phone nor through the use of an automatic telephone dialing system (ATDS).

Keith says he first began to receive a series of telephone calls from Capital One asking for a “Charlie.” Although Keith told the representative calling from Capital One that he was not the person that they were looking for, the company continued to call him.

“Despite actual knowledge of their wrongdoing … [Capital One] continued the campaign of abusive robocalls,” the lawsuit states. The allegations against the company accuse them of “calling an individual using an ATDS after the individual asked for the calls to stop.”

Overview: Filing a Capital One Robo Calls Lawsuit

The TCPA, also known as the Telephone Consumer Protection Act, was enacted by Congress in 1991 to curtail the growing number of telephone marketing calls. The TCPA regulates unsolicited faxes, text messages, telemarketing calls, auto-dialed calls and prerecorded calls.

TCPA rules and regulations that telemarketers are required to follow include some of the following:

• Receive a consumer’s prior written consent before making any robo calls.
• Provide an automated and interactive “opt-out” mechanism during robo calls for consumers to let telemarketers know that they would no longer like to be called.
• No longer let an “established business relationship” be sufficient and that through TCPA regulations, a prior expressed written consent is required.

The Act regulates also created a National-Do-Not Call Registry to protect consumers against telemarketing calls. It was established in 2003 and covers all intrastate and interstate calls. This allows for further consumer protection.

The Act in October 2013, required that consumers also provide “expressed consent” before any prerecorded or autodialed calls could be made to any wireless number. No longer can a prior established business relationship allow for prerecorded and autodialed calls to be made.

The Federal Communication Committee (FCC) adds further restrictions pertaining to telemarketing and advertisements. Calls are prohibited to be made to any residential telephone subscriber prior to 8 a.m. or after 9 p.m.

Residential telephone numbers on the National-Do-Not Call Registry are prohibited to be called. Other restrictions include the requirement to disconnect an unanswered telephone call prior to four rings or at least within 15 seconds to the call.

The Capital One Robo Calls Lawsuit is Case No. 8:18-cv-01046-EAK-JSS, in the U.S. District Court for the Middle District of Florida, Tampa 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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