Class Action Lawsuit Claims Calls from Credit One Bank Were Unlawful

A class action lawsuit claims that debt collection calls from Credit One Bank were unlawful.

Plaintiff Alexios K. claims that Credit One Bank unlawfully placed calls to his mobile phone in an attempt to collect a debt that the company had previously sold to a third-party debt collector. Allegedly, Credit One’s calls to Alexios violated the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act. He claims that calls from Credit One bank allegedly violated the law and harmed consumers. 

According to Alexios, he received daily calls to his cell phone from Credit One from a range of telephone numbers, beginning in November 2017. He claims that Credit One made these calls using an automatic dialing system and that their use of the system violates the Telephone Consumer Protection Act, which prohibits companies from calling consumers using an automated dialing system.

Additionally, he states that these calls violated the TCPA because they were not made for emergency purposes as defined by the act. Alexios states that the calls were further unlawful because he did not give Credit One “prior express consent to contact him on his cell phone,” a stipulation required of companies by the TCPA. Furthermore, Alexios claims that during one of these calls, he orally revoked any consent to receive further automated calls from Credit One.

Alexios claims that Credit One did not make sufficient efforts to put in place policies and procedures to make sure the company complied with TCPA. He claims that the company systematically violates the TCPA in this manner, and seeks to define a class of all similarly affected consumers.

On behalf of himself and all similarly affected consumers, Alexios seeks damages for Credit One’s alleged TCPA violations, including $500 for each and every negligent TCPA violation, and $1,500 for every willful TCPA violation, as laid out in the terms of the TCPA itself. Additionally, he seeks any other relief that the court determines to be proper.

Alexios states that the calls from Credit One Bank that he received in relation to the debt owed to the company also represented a violation of the Federal Fair Debt Collection Practices Act (FDCPA), set up to protect those who owe debts from being subjected to unfair and abusive debt-collection practices by lending organizations.

He claims Credit One violated the FDCPA in the following ways:

1. Causing a telephone to ring repeatedly to annoy, harass, or abuse the debtor
2. Communicating with the debtor with unreasonable or harassing frequency
3. Contacting the debtor at times or places known to be inconvenient to the debtor
4. Engaging in conduct that has the effect of harassing, oppressing, or abusing the debtor

Alexios claims that the violations of the FDCPA led him to suffer emotional injury, feelings of personal humiliation, mental anguish, and emotional distress. On these grounds, Alexios seeks actual and statutory damages, as well as attorney’s fees, from Credit One on behalf of himself and similarly affected consumers.

The Credit One Unlawful Debt Collection Calls Class Action Lawsuit is Case No. 8:18-cv-00703, in the U.S. District Court for the U.S. District Court of the Central District of California.

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.