Credit One Bank Lawsuit Filed over Alleged TCPA Violations

A Credit One Bank lawsuit has been filed in Florida federal court over accusations the bank violated the Telephone Consumer Protection Act (TCPA).

Plaintiff Richard L. files the lawsuit demanding a trial by jury. The lawsuit was filed on June 25, 2018.

According to the Credit One Bank lawsuit, Richard, a resident of Hillsborough County, Fla., says that Credit One had dialed multiple calls to his cellular phone, even after he asked it to stop.

Richard says he opened an account with Chrysler Capital with the purchase of an automobile. But after losing or being laid off from his job, he says he was then unable to make payments toward the account, incurring an outstanding balance.

The Credit One Bank lawsuit states that the debt was later sent off for collection purposes to Credit One Bank in September 2016. Thereafter, Credit One allegedly attempted to collect on the debt by contacting Richard through his cellular phone.

Richard claims he picked up during one of Credit One’s calls and while speaking to the representative asked the bank to stop calling his cellular phone. However, the lawsuit claims that despite these demands, Credit One continued to make these calls for debt collection on his automobile account.

According to the Credit One Bank TCPA lawsuit, Richard received almost 20 calls to his cellular phone. Despite a written letter that he also sent out demanding for calls to stop, he says he continued to receive them. Richard also says that Credit One placed calls to his cellular phone using an automated telephone dialing system (ATDS) in violation of TCPA regulations.

Richard says that he knew that Credit One had called his phone using an ATDS “because he heard a pause when he answered at least one of the first few calls from Defendant on his Cellular Telephone before a live representative of Defendant came on the line.”

The Credit One Bank lawsuit was filed on a count of violation of the Telephone Consumer Protection Act (TCPA).

Overview: Credit One Bank Lawsuit & TCPA

The Telephone Consumer Protection Act (TCPA) was passed by Congress in 1991 to help protect Americans against the incessant and growing number of telephone marketing calls being made to the American people. The TCPA regulates unsolicited faxes, auto-dialed calls, telemarketing calls, prerecorded calls, and text messages.

A National Do-Not Call List was also enacted to protect consumers against unsolicited telephone calls and/or other means of contact. Established in 2003, it covers all intrastate and interstate calls, further allowing added protection against debt collectors and telemarketers.

A TCPA regulation effective Oct. 16, 2013 requires companies and business to obtain prior express consent from consumers before any contact could be made. No longer was a previously established business relationship sufficient prior to the dialing of automated or prerecorded calls.

There are some exceptions, however, under the TCPA. Some of these exceptions include: calls that are made for emergency purposes; calls that are not made for a commercial purpose; calls that are made by a tax-exempt nonprofit organization; a call that is made to deliver a “health care” message; and a call that is manually dialed and does not contain a pre-recorded message.

The Credit One Bank Lawsuit is Case No. 8:18-cv-01531-EAK-TGW, in the U.S. District Court for the Middle District of Florida, Tampa 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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