Citibank Robocalls Lawsuit Alleges TCPA Violations

A lawsuit has been filed against Citibank, N.A. by a man who says the company tried to collect a consumer debt, but did so illegally.

Plaintiff Thomas R. filed his Citibank robocalls lawsuit against the company after the company began placing telephone calls to him on his cell phone in order to collect a debt.

According to the Citibank lawsuit, Thomas revoked any prior consent to contact him via his cell phone or any other means of communication back in July 2014. Thomas verbally advised Citibank to stop calling his cell phone, the Citibank robocalls lawsuit states.

The calls that were placed to Thomas after July 2014 were done so after he revoked his alleged consent and were done without his prior express consent, the claim states.

“Defendant knowingly and/or willfully called Plaintiff’s cellular telephone after Defendant had an equivocal notice from Plaintiff to cease any and all calls and after Plaintiff withdrew any prior consent or permission to be contacted,” the Citibank robocalls lawsuit states. The claim goes on to state that Citibank called Thomas’ cell phone up to three times a day.

Thomas states that the calls Citibank placed were using an automatic telephone dialing system or a pre-recorded voice to place the calls, as there were delays in time before the telephone call was transferred to a live representative to speak. Thomas states that he did not speak with a representative during some of the phone calls that were placed because there was no live person on the line during some of the phone calls.

Thomas claims that none of the phone calls made by Citibank to his cell phone were placed for emergency purposes, nor were they made with his prior express consent, and that all of the calls therefore were placed in violation of applicable law.

As a result of these calls placed by an automatic telephone dialing system and/or prerecorded voice, Thomas has brought forth two counts against the defendant. Thomas alleges violation of the Florida Consumer Collection Practices Act, a Florida statute, saying that the frequency that the calls were placed “can reasonably be expected to abuse or harass Plaintiff.”

Thomas also alleges violation of the TCPA, the federal Telephone Consumer Protection Act, stating that Citibank used an automatic telephone dialing system or an artificial or prerecorded voice in violation of the act. He claims that “the phone calls made by the Defendant are considered willing and knowing violations of the TCPA, as Defendant is well aware of the TCPA and its prohibitions,” the Citibank robocalls lawsuit states.

For the FCCPA violation, Thomas is seeking actual damages, statutory damages, any specific or injunctive relief necessary to make him whole, as well as any attorneys’ fees and costs. For the TCPA violation Thomas alleged, he is seeking statutory damages, and increase in the amount of the award of up to three times the amount available for knowing and willful violations and any additional relief the court deems just and proper.

The Citibank Robocalls Lawsuit is Case No. 8:17-cv-01809-SDM-TGW, in the U.S. District Court for the Middle District of Florida, Tampa Division.

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