One Main TCPA Lawsuit Alleges Unlawful Cell Phone Calls

A lawsuit has been filed against One Main Financial Services, Inc. in Pennsylvania federal court alleging the company violated the Telephone Consumer Protection Act.

Plaintiff Dewill C. brought forth this action against the financial services company saying that One Main began calling his cellular telephone number within the last year.

Allegations in the One Main TCPA Lawsuit

Dewill states that One Main called him using an automated telephone dialing system and by using an artificial or prerecorded message. He stated that One Mail also left prerecorded messages for him on his cell phone asking him to call the company back.

Dewill did call One Main and spoke to a customer service agent, demanding that the company stop all calls to him effective immediately, according to the One Main TCPA lawsuit. However, the calls from One Main continued to be placed to Dewill.

“The calls caused Plaintiff a great deal of frustration and intruded on his right to be free from unwanted invasions,” the One Main TCPA lawsuit states.

Dewill alleges that One Main violated the TCPA by continuing to place calls to him on his cellular telephone without his prior consent and despite his specific demand that the company stop calling him.

Dewill says the calls made on One Main’s behalf knowingly and willfully violated the TCPA, allowing him to sue for treble damages.

“As a result of each call made in knowing and/or willful violation of the TCPA, Plaintiff is entitled to an award of treble damages in an amount of up to $1,500…” the One Main lawsuit reads.

Dewill is seeking statutory damages in the amount of $500 per each violation found to be negligent, and treble damages for each violation deemed willful and/or knowing. He is seeking a trial by jury.

Telephone Consumer Protection Act Provisions

When the TCPA was passed into law in 1991, the FCC placed restrictions on live telemarketing phone calls, and placed limits on the use of artificial/prerecorded messages, automated telephone dialing systems, text messages and fax messages sent to consumers. The National Do Not Call Registry was also established under this act.

Under the TCPA, businesses must follow guidelines on when phone calls may be placed, what kinds of information solicitors must provide to consumers and more.

Generally, businesses must not contact consumers who have registered on the National Do Not Call Registry and must have prior consent to contact those that are registered.

If a business violates the terms of TCPA, consumers may seek damages from the offending business in the amount of $500 per violation, and $1500 per violation if it is deemed willful or knowing.

Filing a TCPA Lawsuit

If you have received calls that you believe are in violation of the TCPA, you may be eligible to seek legal compensation. An experienced attorney can review your case for free and can help you determine your eligibility for various legal options.

The One Main TCPA Lawsuit is Case No. 2:16-cv-01604 in the U.S. District Court for the Western District of Pennsylvania.

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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