Plaintiff William R. has filed a Wells Fargo TCPA lawsuit against the financial giant in Florida federal court, claiming violations of the Telephone Consumer Protection Act.
According to the Wells Fargo TCPA lawsuit, “the TCPA is designed to protect individual consumers from receiving intrusive and unwanted telephone calls.” The Wells Fargo TCPA lawsuit further maintains that “the TCPA was enacted to prevent companies like Wells Fargo Bank, N.A. from invading American citizen’s privacy and prevent abusive ‘robo-calls.”
William is a resident and citizen of the state of Florida. He alleges that Wells Fargo had called his cellular phone almost 1,000 times to collect on a debt that was owed. The debt was regarding an overdraft from his checking account. The Wells Fargo TCPA lawsuit maintains that the defendant’s calls to William’s cell phone were made using an automatic telephone dialing system (ATDS).
According to the lawsuit, an ATDS system can “store or produce telephone numbers to be called, using a random or sequential number generator (including but not limited to a predictive dialer) or an artificial or prerecorded voice.” William alleges that he knew Wells Fargo called his cellphone using an ATDS due to the vast number of calls he received and because he could hear a silence or pause once he picked up the phone before a voice later came on the line. He further asserts that he received several, even hundreds of pre-recorded voicemail messages from Wells Fargo.
Additionally, the William asserts that he did not owe Wells Fargo money and the calls to his cellular phone were “an attempt to collect on a debt related to a fraudulent account.” According to the Wells Fargo TCPA lawsuit, William did not have an account nor any business dealings with Wells Fargo. He worried that these calls were pertaining to possible fraud.
William alleges that the string of calls lasted for four years and that throughout that time he asked Wells Fargo to stop calling his cell phone. The Wells Fargo TCPA lawsuit asserts that Wells Fargo has a corporate policy to use an ATDS to call individuals just as it had been doing to William.
Telephone Consumer Protection Act Violations
In an effort to protect consumers and prevent unwanted telephone marketing calls the TCPA was enacted by Congress in 1991. The Federal Communications Commission revised its TCPA rules in 2012.
According to TCPA regulations, telemarketers are required to obtain prior written consent from consumers before initiating robo-calls. A previous or “established business relationship” may no longer be sufficient in contacting a consumer, and telemarketers are required to provide an “opt-out” mechanism to allow consumers to prevent these calls. The TCPA requires a company to honor a consumer’s choice to opt-out of calls for at least five years after the customer has given notice to the company.
The TCPA allows consumers to collect monetary damages against companies who violate the TCPA and disregard consumer’s privacy rights. An experienced attorney can help consumers who feel their TCPA rights have been violated.
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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