New Lawsuit Filed Over Ally Financial Harassing Phone Calls

A Georgia woman recently filed a lawsuit against Ally Financial, alleging she received Ally Financial harassing phone calls in violation of federal law.

The plaintiff, Victoria J., alleges in her lawsuit that Ally Financial, in an attempt to collect an alleged debt, has violated regulations set forth in the Telephone Consumer Protection Act (TCPA).

Victoria reports receiving robocalls using an automatic telephone dialing system from several different phone numbers, but all from Ally Financial. She knew they were robocalls because of the distinctive pause she heard when she answered the telephone each time. The calls would then transition into prerecorded messages.

Victoria claims that she has received hundreds of these Ally Financial harassing phone calls over the course of four years. Several times during this period of receiving near-constant Ally Financial harassing phone calls, Victoria asked that she stop being contacted via her cell phone with these calls. Victoria says she requested that her cell phone stop being targeted with these Ally Financial harassing phone calls in February 2017 and August 2017, among other occasions. Therefore, calls made after this request were made in knowing and willful violation of the TCPA, her lawsuit alleges. However, she claims she continued to be bombarded with Ally Financial harassing phone calls despite her request for the calls to stop.

Having attempted to stop these Ally Financial harassing phone calls by revoking consent, Victoria turned instead to litigation. The TCPA lawsuit alleges that these calls came several times in one day on numerous occasions, with undeniably harassing frequency. Victoria filed her Ally Financial harassing phone calls on Dec. 18, 2017 in the U.S. District Court for the Southern District of Georgia.

Victoria is far from the first person to come forward with claims of harassing robocalls from businesses like Ally Financial.

Background of the Telephone Consumer Protection Act

The Telephone Consumer Protection Act, or TCPA, was intended to protect consumers from unwanted solicitation through technology, invading their privacy. The TCPA was introduced back in 1991, and it has been amended to cover new technologies over time.

Reporting TCPA Violations

These kinds of TCPA violations are extremely common — so common that many consumers are used to it, and may not even know that these practices are illegal. According to the Federal Communications Commission, or FCC, the agency received more than 215,000 individual TCPA complaints in the year 2014 alone.

Unwanted robocalls or texts in willful or knowing violation of the TCPA may be subject to statutory damages of $500, but a violation made in willful or knowing violation of the TCPA can increase that penalty to up to $1,500.

If you have received unwanted robocalls or prerecorded messages from a company without having given prior express permission, or after placing your name on a federal Do Not Call telemarketer list, you should be able to report these violations and receive compensation.

In order for your TCPA claims to be most effective, you will need to provide proof of these violations. Keep messages and phone records of the unwanted solicitation calls placed to your phone.

The Ally Financial Harassing Phone Calls Lawsuit is Case No. 4:17-cv-00250-WTM-GRS, in the U.S. District Court for the Savannah Division of the Southern District of Georgia.

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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