Man Files Lawsuit Over Capital One Robocalls

A Wisconsin man recently filed a lawsuit against Capital One alleging that he received unwanted and illegal Capital One robocalls violating the TCPA.

The plaintiff, Dennis B., claims that he received constant and continuous Capital One robocalls that were trying to collect an alleged debt. In many cases, Dennis claims, he received between three and five Capital One robocalls in a single day, constituting harassment.

On May 11, 2018, Dennis says he answered one of these Capital One robocalls and, when connected with an agent, told them to stop placing these calls to his cell phone. However, the incessant Capital One robocalls continued to come through October 2018, he claims.

Dennis alleges that these calls were placed with the use of an autodialer system, indicated by the dead air experienced at the beginning of the call.

In total, Dennis alleges, he received at least 200 Capital One robocalls without his prior express consent, which he says violated the Telephone Consumer Protection Act (TCPA).

Dennis filed his Capital One robocalls lawsuit on Oct. 3, 2018, in the U.S. District Court for the Western District of Wisconsin.

Basics of the TCPA

The Telephone Consumer Protection Act (TCPA) was introduced in 1991 as a means of protecting consumers from the technological solicitation. At the time of its creation, the TCPA included technologies like robocalls and pre-recorded messaging systems. These are still included, as they are still frequently used, but the regulations have been updated to cover SMS text messaging technology as well.

Filing a TCPA Class Action Lawsuit

It is not uncommon for businesses to make these kinds of TCPA violations. In fact, it’s so common that many consumers have become used to the use of robocalls and autodialers, not even knowing these practices violate TCPA rules. When a consumer does know TCPA regulations and holds a company accountable, they may be eligible to receive compensation per violation. This can help force companies like Capital one to comply with regulations.

The Federal Communications Commission (FCC) reports receiving more than 215,000 complaints of TCPA violations in 2014 alone.

If you have been targeted by Capital One robocalls or prerecorded messages, or TCPA violations from another company, without first having given your prior express permission, you may be able to file a lawsuit and receive compensation.

Each individual negligent violation of the TCPA (that is, each robocall or text) may be subject to damages of $500, but that amount may be increased to up to $1,500 per violation if they were made in willful or knowing violation, showing some further level of the company’s culpability.

Keep any records of messages or phone calls to provide evidence of these unwanted communications placed to your phone in violation of the TCPA. This will help ensure that your lawsuit is the most effective it can be.

The Capital One Robocalls Lawsuit is Case No. 3:18-cv-00819, in the U.S. District Court for the Western District of Wisconsin.

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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