Chase Autodial TCPA Class Action Lawsuit

A federal class action lawsuit accuses JPMorgan Chase Bank and Chase Auto Finance of using autodialing systems to call the cell phones of people who don’t have accounts with Chase, who are then billed for the unwanted autocalls. These business practices, the class action says, violate the Telephone Consumer Protection Act (TCPA).

Plaintiff Heidi Eichner filed the class action lawsuit in Wisconsin Federal Court after she was contacted by Chase via an automatic dialing system regarding a relative’s car loan. Eichner does not have a car loan with Chase Bank or Chase Auto Finance, and is not responsible for the relative’s car loan.

The TCPA prohibits the use of autodialers to make any call to a wireless number in the absence of an emergency or the prior express consent of the called party. The Federal Communication Commission (FCC) ruled that autodialing cell phones is prohibited because not only are it an invasion of privacy, but is also costs wireless customers money. In order to be granted “prior consent,” the FCC ruled that the consumer must provide the creditor the number “during the transaction that resulted in the debt owed.”

Eichner claims in the Chase telemarketing class action lawsuit that she never gave Chase prior consent because she has no loan with the company, and has never provided any telephone numbers whatsoever to Chase or Chase Auto Finance in connection with any car loan.

The Chase autodial class action lawsuit is brought on behalf of all persons in the United States who, on or after January 4, 2007 until the final disposition of the case, received a non-emergency telephone call from Chase Auto Finance to a cell phone through the use of an automatic telephone dialing system or an artificial or prerecorded voice and who did not provide prior express consent for such calls during the transaction that resulted in the debt owed.

The lawsuit is seeking certification as a class action, damages, attorneys’ fees, court fees, and more.

A copy of the JPMorgan Chase Bank & Chase Auto Finance TCPA Class Action Lawsuit can be read here.