Credit One Bank Robocall Lawsuit Filed After Years of Repeated Calls

An Illinois woman has filed a Credit One Bank robocall lawsuit against the financial institution claiming that the TCPA was violated when they called her repeatedly.

Plaintiff Nichole P. alleges in her Credit One Bank robocall lawsuit that she has been receiving “incessant unwanted calls” from Credit One Bank and is seeking damages as a result of these calls.

The Telephone Consumer Protection Act of 1991, or TCPA, was enacted by Congress to help protect consumers from harassment by automatically dialed calls and from invasion of privacy from companies who have obtained the personal phone numbers of Americans.

According to this Credit One Bank robocall lawsuit, “consumers who receive these unauthorized calls thus have suffered a distinct privacy-related interest, namely the intentional intrusion … upon their solitude or seclusion of their private affairs or concerns.”

Nichole believes that Credit One Bank began a campaign to repeatedly call her via an automated telephone dialing system and prerecorded messages for the last four years. Credit One Bank has done this by calling her cell phone on dozens of occasions, she claims.

She claims that each time Credit One called, it was to collect on an old credit card that her boyfriend owed. They called her from different phone numbers, but she determined that each number belonged to Credit One because she claims she called them back and was connected with a Credit One representative.

According to this Credit One Bank robocall lawsuit, her phone was called between five and six times per day by the defendant by an automated telephone dialing system, violating the TCPA.

She says that the use of an automated telephone dialing system was evident because of “(1) the usage and placement of prerecorded messages (2) the placement of several or more calls to the Plaintiff per day, (3) hold music playing when the Plaintiff would answer the phone, and (4) the telltale clicks and pauses before a human voice would come on the line when the Plaintiff would answer the phone.”

Nichole claims that she never gave permission for Credit One to call her phone and asked them to stop calling on many occasions. She also says that she had no wish to be called on her phone by the defendant.

Nichole alleges that she suffered “actual damages” because the calls she received deprived her of the use of her cellular phone during the times Credit One called.

Additionally, according to her Credit One Bank robocall lawsuit, these calls depleted her battery life and invaded her right to privacy. She claims that as a result, she was stressed, frustrated and annoyed and these calls repeatedly interrupted her day.

She believes that Credit One Bank is liable for $500 for every negligent violation of the Telephone Consumer Protection Act and $1,500 for every knowing or willful violation. She is also asking for a trial by jury.

This Credit One Bank robocall lawsuit is Case No. 2:17-cv-02190-CSB-EIL in the United States District Court for the Central District of Illinois, Urbana 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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