A new Discover Bank lawsuit was filed on July 3, 2018, in the U.S. District Court for the Southern District of California alleging violations of the Telephone Consumer Protection Act (TCPA).
The complainant in the Discover Bank lawsuit claims that Discover Bank made incessant, around-the-clock, harassing phone calls to her, in violation of federal law.
According to her Discover Bank lawsuit, plaintiff Victoria L.—a citizen and resident of San Diego, Calif.–purportedly got into debt with the main defendant and fell behind in her repayment plan between the years 2014 and 2015.
Towards the end of January 2018, Victoria says she retained a lawyer regarding this issue of debt and her counsel allegedly provided the defendant with notice of attorney involvement and contact information.
The narrative of the Discover Bank lawsuit indicates that from that point forward, rather than reach out to her attorney, the bank engaged in an improper and unlawful campaign of making automated telephone system calls at all hours and leaving pre-recorded messages on her cellular phone’s voicemail.
These automated phone calls allegedly came from two different telephone numbers which have been established by counsel as belonging to Discover Bank. The calls were made consistently 1-2 times and sometimes 10 times per day over a 30-day period, Victoria says. She claims there was no day where there was a break from the calls including Sunday.
The Claims of the Discover Bank Lawsuit
Victoria, through her counsel, claims in her Discover Bank lawsuit that the defendant’s intention was to harass, intimidate, and initiate a state of fear in her so that she would pay her purported debt without further ado.
It claims a violation of the Telephone Consumer Protection Act, which disallows the use of an automated telephone dialing system to any mobile device where a customer must pay for the associated airtime.
The plaintiff alleges damages in that these unwanted automated phone calls used up her cellular minutes and mobile battery life. Additionally, the continual barrage of harassing calls forced her to push litigation forward. In order to do so, she had to expend the gas and time to go back and forth between her home and her attorney’s office as well as spend money on postage, paper, counsel and court fees.
Over and above the damages that Victoria claims for her time, inconvenience, and monies spent, the Discover Bank lawsuit indicates that she suffered a great deal of anxiety, humiliation, worry, and mental anguish at the hands of the defendants with their constant automated phone calls.
The plaintiff is bringing four counts against the defendants in this case which include Negligent Violations of the TCPA, Willful Violations of the TCPA, Violation of the Rosenthal Fair Debt Collection Practices Act—a part of the California Civil Code, and Breach of Contract.
Victoria is demanding a trial by jury along with actual and statutory damages under the TCPA and California Civil Code. She additionally is seeking damages for emotional distress and all attorney and litigation costs.
The Discover Bank Lawsuit is Case No. 3:18-cv-01521-L-KSC in the U.S. District Court for the Southern District of California.
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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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