Excessive Robocalls from Santander Lead Woman to File TCPA Lawsuit

An Ohio woman recently filed a TCPA lawsuit against Santander Consumer USA, alleging that she received excessive robocalls from Santander for nearly a full year.

The plaintiff, Stephanie T., alleges that she began receiving robocalls from Santander Consumer USA in November 2016. She claims the robocalls from Santander didn’t stop until October 2017, and were continuous throughout this time.

Stephanie alleges that the robocalls from Santander were made using an automated telephone dialing system and/or pre-recorded voice. She alleges that she became aware that all of the robocalls were from Santander because she always heard a pre-recorded or automated voice on the line before being connected with a live representative.

It didn’t take long for Stephanie to ask that the robocalls from Santander stop. In January 2017, she says she requested that Santander stop calling, and each time they called her in the future, she requested the same thing. However, Santander continued placing robocalls to Stephanie’s cell phone, the TCPA lawsuit claims.

Because Santander allegedly continued making the calls for months, against Stephanie’s express wishes, she turned to litigation. Stephanie filed her TCPA lawsuit on Aug. 31, 2018, alleging that Santander violated the TCPA by placing these consisted robocalls without her consent.

Telephone Consumer Protection Act

The Telephone Consumer Protection Act, or TCPA, is a set of requirements meant to protect consumers from unwanted solicitation through technology, through robocalls and pre-recorded messaging systems. The TCPA was introduced back in 1991, and though technology has evolved since then, the law has been updated to include SMS text messaging on top of more traditional unwanted robocalls.

Filing a Robocall Class Action Lawsuit

Reporting violations of the TCPA or filing a robocall class action lawsuit can help force companies like Santander Consumer and countless others to comply with TCPA requirements. Reports of violations may also grant consumers award money per individual violation.

These kinds of TCPA violations are extremely common—so common that many consumers are used to it, and may not even know that these practices are illegal. According to a report from the Federal Communications Commission, the agency received more than 215,000 individual TCPA complaints in the year 2014 alone.

Unwanted robocalls or texts in willful or knowing violation of the TCPA may be subject to fine of $500, but a violation made in willful or knowing violation of the TCPA can increase that fine to up to $1,500. The fines are assessed per violation, so companies that make hundreds or thousands of these calls can be subject to a steep assessment if they are found to be in violation of the TCPA.

If you have received unwanted robocalls or prerecorded messages from Santander Consumer USA or another company, without having given prior express permission, or continued to receive such calls after joining the National Do Not Call Registry, you could be eligible to file a lawsuit and potentially receive compensation.

In order for your robocall class action lawsuit to be most effective, you will need to provide proof of these violations. Keep messages and phone records of the unwanted solicitation calls placed to your phone and contact an experienced attorney to talk about your potential TCPA lawsuit.

The Robocalls from Santander Lawsuit is Case No. 3:18-cv-02013-JJH, in the U.S. District Court for the Northern District of Ohio.

Join a Free TCPA Class Action Lawsuit Investigation

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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