New Lawsuit Claims Capital One Robocalls Violate TCPA

A new lawsuit has been filed in a federal court in North Carolina on March 29 by a woman who claims she received too many Capital One robocalls on her cell phone, allegedly in violation of the Telephone Consumer Protection Act (TCPA).

Plaintiff Regina B. has specifically named Capital One Auto Finance Inc. as defendant in her complaint.

According to Regina’s TCPA lawsuit, she began receiving Capital One robocalls on her cellular phone on Nov. 28, 2014. Regina believes the Capital One robocalls came from automatic telephone dialing system (ATDS) capable equipment, and she alleges they were made to her phone repeatedly without seeking her prior permission for this type of contact.

On Dec. 8, 2014, the plaintiff allegedly received four Capital One robocalls from the defendant. She says the phone calls occurred during her work hours and were very disruptive, inspiring her to call Capital One Auto Finance the next day. She requested that all ATDS calls to her cellular phone cease immediately, the TCPA lawsuit says.

The Capital One robocalls allegedly did not end, even after Regina called and specifically asked for the company to cease and desist. She says she continued to get ATDS-type Capital One robocalls to her cell phone for the nine days between Dec. 9 and Dec. 18, 2014. She alleges that when she picked up the targeted phone calls, a recorded message would request that she call Capital One back.

Capital One allegedly called again a little over six months later, on July 28, 2015. She alleges she followed up on this secondary effort to revive the schedule of Capital One robocalls to her with another phone call to the defendant revoking any assumed permission to contact her this way.

In the lawsuit, the plaintiff alleges that the defendant used ATDS equipment each and every time they attempted to reach her via her cell phone. This equipment supposedly meets the definition of ATDS established by the Federal Communications Commission (FCC).

Regina says she has filed her legal complaint within the TCPA’s four-year statutory limitations period. The plaintiff has brought two causes of action against the defendants with this complaint. The first is violation of the TCPA. She claims she has record of 23 different Capital One robocalls being made to her cellular phone, translating into 23 separate violations of this act outlawing the predictive dialers.

The second cause of action refers to violations of the North Carolina Debt Collections Act. Regina claims harassment by the defendant under this law.

The plaintiff is asking for statutory damages to be assessed under the TCPA at the rate of $500 for the first call and $1,500 for each call made to her thereafter. Additionally, Regina B. is asking for $4,000 for each violation of the state law. She requests a trial by jury in all matters.

The Capital One Robocalls Lawsuit is Case No. 3:18-cv-00155-MOC-DCK in U.S. District Court for the Western District of North Carolina.

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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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