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HSBC Auto-Dial Class Action Lawsuit
By Kimberly Mirando
HSBC has been hit with a $5 million class action lawsuit over allegations it auto-dialed people’s cell phones without their permission in violation of the Telephone Consumer Protection Act.
Lead plaintiff Stephen Comstock alleges in the HSBC auto-dial class action lawsuit that the bank negligently and willfully violated the TCPA when it began calling him last October without his permission using an automatic dialing system and prerecorded and artificial voice messages. Comstock has never been a customer of the bank nor did he give HSBC his cellphone number or permission to contact him, the class action lawsuit says.
The TCPA prohibits companies from doing this unless they have obtained prior express consent.
Comstock says he told HSBC representatives numerous times to stop calling him but they never did.
HSBC caused Comstock and other Class Member “irreparable harm” by not only invading their privacy, but also wasting their money by having to pay their wireless carrier for the incoming calls, according to the HSBC TCPA class action lawsuit.
The class action lawsuit is seeking $5 million in damages and an injunctive order barring HSBC from using automated dialing systems to call cellphones without consent. The TCPA carries a $500 penalty per violation and $1,500 penalty per willful violation.
The HSBC Bank TCPA class action lawsuit is brought on behalf of all persons in the United States who received a telephone call from HSBC, or its it employees and/or agents, on their cellphone that was placed using an automated telephone dialing system or an artificial prerecorded voice without their permission within the past four years.
The HSBC Bank TCPA Class Action Lawsuit case is Stephen Comstock v. HSBC Bank U.S.A. N.A., Case No. 13-cv-0001, U.S. District Court for the Southern District of California.
Comstock is represented by Tammy Hussin of Lemberg & Associates LLC.
Updated January 7th, 2013
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11 thoughts onHSBC Auto-Dial Class Action Lawsuit
how do you file a claim where is the phone number to call for a claim form?
thank you for notifying me
i would like to file a claim…..my Daughter is under 21 an she received calls to her phone also can she file a claim??
how do I file a claim???
been receiving these call at least 5-6 times a day! From sun up till sun down, Sunday to Sunday! Where can I file?
I would like to file but don’t know how or where to file.
I’d like to file, but I don’t see where I do that…Is there another website to file?
Thank you for putting an end to these phone calls!
Appreciate the opportunity to file.
Okay, nice to hear, now what do we do to get the money?