A Telephone Consumer Protection Act (TCPA) lawsuit was recently filed against Ally Financial Inc. The TCPA lawsuit alleges that Ally Financial violated federal law in an attempt to collect a motor vehicle debt allegedly owed by the Plaintiff.
What is the TCPA?
The Telephone Consumer Protection Act was approved in 1991 and makes it illegal for companies to place robocalls, using automated telephone dialing systems and prerecorded messages, send unsolicited text messages, and call or text consumers who have not established a business relationship with the company.
Other types of contact that have been made illegal under the TCPA include not providing opt out options for calls and texts, calling numbers listed on the National Do Not Call Registry, sending unsolicited advertisements to fax machines, along with various other actions.
The TCPA lawsuit was brought by plaintiff Joe F., a resident of Towanda, New York. The plaintiff’s complaint in this Ally Financial TCPA lawsuit is based on the Telephone Consumer Protection Act, enacted by Congress to protect consumers from harassing telemarketers and unsolicited phone calls.
Unwanted Cell Phone Calls Prompt Legal Action
According to the TCPA lawsui,t Joe began receiving unsolicited phone calls from Ally Financial Inc. in March of 2015. The calls regarded a motor vehicle debt allegedly owed by Joe. Joe’s phone service is the type that incurs charges for all incoming calls. According to Joe, the calls made by Ally Financial were made by an automated telephone dialing system which left a prerecorded message.
Although Joe was able to eventually talk to company representative, and demand that the Company stop calling his cell phone, the unwanted cell phone calls persisted. Joe’s complaint goes on to allege that the calls made to his cell phone by Ally Financial were not for emergency purposes, and were made with willful, reckless, and negligent disregard for federal law.
Joe believes the calls were made for the purpose of coercing him to pay a consumer debt. Joe is seeking monetary compensation as provided for under the TCPA.
Overview of TCPA Lawsuits
Several TCPA lawsuits have been filed by consumers across the US. According to the TCPA, a company must have prior express consent of the consumer, a pre-established business relationship, or an emergency purpose in order to send automated dialer calls . The TCPA includes statutory fines that a company must pay for each TCPA violation.
Consumer protection lawyers are currently looking for potential plaintiffs to bring TCPA lawsuits against companies who violate these rules. Potential violators of the TCPA include companies like 24 Hour Fitness, Discover, Costco, MemberRx, Bloomingdales, and many others.
Awards and settlements from these lawsuits will help hold companies accountable for their actions and compensate victims for the annoyance and harassment the were forced to endure.
Potential plaintiffs will likely have the option of bringing a lawsuit individually or as a member in a class action lawsuit. Individual lawsuits generally allow the plaintiff more autonomy over the lawsuit, while class actions lawsuits provide the benefit of spreading the costs of litigation among its members.
The Ally Financial TCPA Lawsuit is Case No. 1:15-cv-00493-JTC, in the U.S. District Court in the Western District of New York.
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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