A Texas resident has filed a new lawsuit against Ally Financial, alleging he has been targeted with Ally Financial robocalls placed without his consent.
The plaintiff, Johnny L., claims that he received an excess of Ally Financial robocalls even after he had revoked any prior express consent he may have given. He alleges he first told Ally Financial to stop making these calls on April 30, 2017. When he kept receiving Ally Financial robocalls, he told them a second time, on May 5, 2017, to stop with these calls. Despite these repeated warnings and revoked consent, Johnny says he continued to receive up to four Ally Financial robocalls per day after April 30.
The lawsuit claims that these phone calls were made in knowing and willful violation of the regulations outlined in the TCPA that restrict robocalls.
Johnny believes these calls were made using an automatic telephone dialing system, the use of which is restricted under the TCPA. Autodialers may dial numbers at random or in sequence, or they may use a prerecorded voice. Johnny noted that the use of an autodialer was revealed by the time delay between answering the phone and transfer to a live representative. In fact, the lawsuit alleges that Johnny didn’t even get to speak to a representative during some of these calls, since there was no representative on the line to speak with at all.
In response to these Ally Financial robocalls, Johnny filed this lawsuit on Sept. 13 on multiple counts, including violation of state laws as well as federal TCPA regulations.
Background of the Telephone Consumer Protection Act
The Telephone Consumer Protection Act, or TCPA, was first enacted in 1991. The TCPA was intended to protect consumers from unwanted solicitation through technology.
The TCPA has always focused on the placement of unwanted robocalls, or the use of an auto dialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive such calls.
As new technology such as cell phones has emerged, the TCPA has further expanded to include text messaging as well.
Reporting Violations of the TCPA
Reporting TCPA violations or filing a lawsuit over unwanted autodialer calls can help force companies to comply with TCPA rules. Reports of such violations may also reward consumers with a set amount of award money per individual violation. According to the Federal Communications Commission, or FCC, reports of TCPA violations are extremely common. The FCC received more than 215,000 individual TCPA complaints in 2014 alone.
If you have received something like these Ally Financial robocalls from a company without having given permission, you may be in a position to bring a civil TCPA lawsuit and receive compensation per violation.
Consumer advocates recommend you keep messages and phone records of the robocalls placed to your phone. In order for your TCPA lawsuit to be most effective, you will need proof of these violations.
The Ally Financial Robocalls Lawsuit is Case No. 4:17-cv-02766, in the U.S. District Court for the Southern District of Texas, Houston Division.
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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