Man Files Ally Financial Robocall Lawsuit Alleging TCPA Violations

A man has filed an Ally Financial robocall lawsuit against the bank holding company, accusing them of violations of the Telephone Consumer Protection Act (TCPA).

Plaintiff Matthew C. filed the Ally Financial robocall lawsuit in Pennsylvania federal court. The lawsuit was filed on April 3, 2018, demanding a jury trial.

According to the Ally Financial robocall lawsuit, Matthew is a resident and citizen of the state of Pennsylvania. He says that Ally made calls to his cellular phone using an “automatic telephone dialing system” without his consent, in violation of TCPA regulations.

He states that he knew that it was an ATDS system because of the extensive number of calls he received and because he would hear a pause on the line before a voice came on the phone. Matthew says that throughout the last 4 years he continuously asked Ally to stop calling his phone.

According to the Ally Financial robocall lawsuit, the company’s corporate policy is to continue to call individuals, like Matthew, using an ATDS. There are several other lawsuits currently pending against the company by other plaintiffs.

Ally “has numerous complaints against it across the country asserting that its automatic telephone dialing system continues to call despite being requested to stop,” the lawsuit states. Ally’s corporate policy allegedly didn’t allow Matthew to remove himself from the calls list, further adding that Ally “has a corporate policy to harass and abuse individuals despite actual knowledge the called parties did not wish to be called.”

Ally is being alleged of knowingly violating the TCPA with respect to Matthew. Matthew suffered injuries of invasion of privacy and intrusion upon his right of seclusion, the lawsuit asserts.

Ally faces a count for violation of the TCPA.

Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to regulate unsolicited faxes, telemarketing calls, prerecorded calls, auto-dialed calls, and text messages.

Some rules and regulations that must be followed according to the TCPA include the following:

• Receive a consumer’s prior written consent before making any robocalls.
• Provide an automated and interactive “opt-out” mechanism during robocalls for consumers to let telemarketers know that they would no longer like to be called.
• No longer let an “established business relationship” be sufficient and that through TCPA regulations, a prior expressed written consent is required.

As of Oct. 16, 2013, all texts, pre-recorded calls, and auto-dialed calls sent to a wireless phone require prior written consent. However, there are some exceptions provided for under the TCPA. These include:

• Calls made for emergency purposes
• Calls not made for a commercial purpose
• Calls that do not include a pre-recorded message and are dialed manually
• Calls delivering a “health care” message by a “covered entity” or “business associate”
• Calls made by a tax-exempt organization

In 2003, the Federal Communications Committee (FCC) established a national Do-Not-Call registry. The registry covers both interstate and intrastate calls and covers all telemarketers with the exception of nonprofit organizations.

The Ally Financial Robocall Lawsuit is Case No. 2:18-cv-01396-CMR, in the U.S. District Court for the Eastern District of Pennsylvania, Philadelphia 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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