Plaintiff Files Credit One Bank Robocall Lawsuit Alleging TCPA Violation

Plaintiff Leinora E. has filed a lawsuit in Florida federal court against Credit One Bank alleging violations of the Telephone Consumer Protection Act (TCPA).

According to the Credit One Bank robocall lawsuit, the plaintiff alleges violations of the Federal Telephone Consumer Protection Act and the Florida Consumer Collection Practices Act.

The TCPA was enacted to help protect consumers against companies such as the defendant. It protects consumers from companies allegedly “invading American citizen’s privacy” and to also prevent them from making contact through robocalls or automated telephone dialing systems.

Leinora’s Credit One Bank robocall lawsuit contends that the TCPA was enacted to “protect consumers from receiving intrusive and unwanted telephone calls.”

The plaintiff further purports that the FCC, or Federal Communications Commission, states that unwanted calls and texts are the top complaint reported to the FCC.

Thousands of complaints are reported to the FCC in every month. According to the Credit One Bank robocall lawsuit, the FCC maintains that in 2014, it received more than 215,000 complaints pertaining to the TCPA.

According to the Credit One Bank robocall lawsuit, Leinora is a resident and citizen of Florida. She is also an “alleged debtor,” and had owed a debt. The Credit One Bank robocall lawsuit states, however, that in trying to settle the debt, the defendant intentionally and knowingly “harassed and abused plaintiff on numerous occasions by calling plaintiff’s cellular telephone.”

The defendant allegedly called several times during a four-year time span and allegedly called with such frequency that is may be expected to be defined as a harassment.

According to the Credit One Bank robocall lawsuit, the plaintiff had received calls, on average, of three times per day. She also alleges the defendant placed these calls through an automatic telephone dialing system, a method restricted under the TCPA.

The Credit One Bank robocall lawsuit states that an automatic telephone dialing system is a device that has the capacity to store telephone numbers to be called in either a random or sequential order.

The plaintiff alleges that throughout the course of four years, she had asked the defendant to discontinue their calls. In addition, when she would answer their calls, after being on hold to become connected to a live agent, she had told the representative that these calls were harassing her and that the caller needed to immediately discontinue all contact. She had also explicitly revoked any consent that the defendant believes they may have had to contact the plaintiff.

The Credit One Bank robocall lawsuit maintains, however, that each deliberate call made to the plaintiff was done so without any express consent. The plaintiff alleges that the defendant placed an excess of 200 calls since 2013 to collect on the debt.

The Credit One Bank Robocall Lawsuit is Case No. 8:17-cv-02175-JSM-JSS, in the U.S. District Court for the Middle District of Florida.

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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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