Plaintiff Delois B. has filed a lawsuit in Tennessee federal court against Citibank alleging violations of the Telephone Consumer Protection Act (TCPA).
The Citibank robocalls lawsuit states that Citibank called Delois roughly 100 times in an attempt to collect a debt that she owed. This debt had allegedly been owed to a third-party. The calls purportedly began in mid-2017.
The Citibank robocalls lawsuit states that the calls that were made to her cell phone were made using an “automatic telephone dialing system,” or ATDS. This system, according to the Citibank robocalls lawsuit, has the “capacity to store or produce telephone numbers to be called, using a random or sequential number generator (including but not limited to a predictive dialer) or an artificial or pre-recorded voice…”
The Citibank robocalls lawsuit states that the defendant made an “exorbitant amount” of telephone calls to the plaintiff.
In addition, Delois maintains that she does not have a business relationship with Citibank. On several occasions, the Citibank robocalls lawsuit states, Delois asked the defendant to stop calling. She had also advised them that they were not calling the correct number.
The Citibank robocalls lawsuit states that the defendant harassed and abused Delois on multiple occasions. According to the Citibank robocalls lawsuit, Citibank called the plaintiff up to four times per day. She claims Citibank called the plaintiff with “such frequency as can reasonably be expected to harass, all in an effort related to collection of the subject account.”
Telephone Consumer Protection Act Facts
Delois’s complaint says the “TCPA was enacted to prevent companies like defendant from invading American citizen’s privacy and to prevent abusive ‘robo-calls.’”
According to the Federal Communications Commission (FCC), Congress enacted the TCPA in 1991 to curtail the increasing number of telephone marketing calls. The FCC states this law restricts telemarketing calls that use artificial voice messages, prerecorded voice messages, or automatic telephone dialing systems. Placing such calls generally requires that the caller first get the called party’s consent to be contacted in that manner.
The guidelines and restrictions set forth by the TCPA apply to both telephone marketing companies and common carriers.
Some of the guidelines set forth by the TCPA include the following. These are: 1) that a telemarketer must receive prior written consent before making robocalls to consumers; 2) an “established business relationship” no longer qualifies a telemarketer to make a telephone call and to not acquire expressed written consent from the consumer they are calling; 3) the TCPA requires telemarketers to provide an “opt-out” mechanism to allow consumers the opportunity to stop the calls when they want to.
Additionally, in 2003, the Do-Not-Call registry was also established. According to the FCC, “the national registry is nationwide in scope, covers all telemarketers (with the exception of certain nonprofit organizations), and applies to both interstate and intrastate calls.”
The Citibank Robocalls Lawsuit is Case No. 2:17-cv-02819-SHL-dkv, in the U.S. District Court for the Western District of Tennessee, Memphis Division.
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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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