Capital One Robocall Lawsuit Accuses Bank of Harassment

A New Jersey man has filed a Capital One robocall lawsuit accusing the bank of continuing to call him after he revoked consent to be called.

Plaintiff Adam L. filed this Capital One robocall lawsuit over what he characterizes as a harassing volume of unwanted robocalls. He alleges Capital One used an “automated telephone dialing system and prerecorded messages throughout the past four years” to call his cell phone “on dozens of occasions.”

Adam says he told Capital One to stop calling his cell phone many times. When asking verbally over the phone failed to make the calls stop, he says, he mailed two letters, one for each of two Capital One accounts, asking Capital One to stop calling him. Adam’s letters revoked any prior consent he may have given to receive such calls, according to his Capital One robocall lawsuit.

After Adam made verbal and written requests to stop the phone calls, Capital One continued with its robocalls, he claims. He argues that Capital One has violated the federal Telephone Consumer Protection Act, or TCPA, by using automated dialing equipment to call him without his consent.

Capital One Robocall Lawsuit Invokes TCPA Protections

Congress passed the TCPA in 1991. The TCPA was enacted to protect consumers from telemarketers’ annoying calls and to give them rights against the callers.

Generally, the TCPA prohibits callers from using an automated dialing system or an artificial or prerecorded voice to place robocalls to cell phones without the called party’s consent. Persons who have given such consent may revoke it anytime. Businesses are also required to document and honor the requests of persons who don’t want to be called.

The TCPA also provided for establishment of the National Do Not Call Registry. Persons who don’t want to be bothered by unsolicited telemarketing can add their phone number to the registry to opt out of receiving such calls. Telemarketers must then begin honoring that request within 30 days.

New amendments and interpretations of the TCPA now cover phone calls and SMS text messaging directed at mobile phones. Businesses who commit knowing violations of the TCPA may be on the hook for up to $1,500 in statutory damages for each contact found to violate the act.

Adam’s robocalls lawsuit states the continuation of calls from Capital One was an invasion of privacy. He says he felt invaded by receiving calls from Capital One when he was on the phone. The calls deprived him of the use of his cell phone and invaded his right to seclusion, according to his complaint.

Adam asks the court for mandatory statutory damages, enhanced trebled damages, attorney fees and court costs, and any other relief the court deems proper.

The Capital One Robocall Lawsuit is Case No. 3:17-cv-11547, in the U.S. District Court for the District of New Jersey.

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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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