TCPA Lawsuit Alleges 100 Unwanted Santander Robocalls

A Florida woman alleges she has received numerous unwanted Santander robocalls and has been forced to resort to filing legal action against the debt collection company. The TCPA (Telephone Consumer Protection Act) lawsuit alleges the Santander robocalls were numerous and harassing in nature, and were deliberately made to intimidate or wear down the claimant into paying the debt.

Plaintiff Tabatha P. alleges that the Santander robocalls violated multiple federal privacy laws, as well as federally required debt collection policies. According to the TCPA lawsuit, Tabatha has received approximately 100 unwanted Santander robocalls within the last four years.

Based on the number of calls made, Tabatha’s TCPA claim asserts that an automated dialing system was used to generate and place the calls that were made to her mobile phone. Another common sign of automated dialing systems is when the recipient encounters an artificial or pre recorded voice message, which is also illegal under TCPA.

She claims each of these calls was made to collect an alleged debt, interfered with Tabatha’s daily life and made her phone bill increase. In addition, Tabatha reportedly spoke to Santander agents and had asked them to stop calling her.

In one particular conversation in 2017, Tabatha spoke to an agent, described the Santander robocalls as harassing in nature and repeatedly asked for the company to stop calling her mobile phone. Each of these are violations of the TCPA, which requires telemarketers to follow certain protocols when communicating with consumers.

Overview of TCPA Policy and Violations

The TCPA was enacted in 1991 to help consumers combat aggressive and persistent telemarketers. This act prohibited telemarketers from calling at unreasonable hours and required companies to get permission from consumers before using certain automated equipment to contact them.

In addition to the automated dialing system and artificial voice restrictions, company representatives must be able to identify themselves and the company they work for. While originally applying to phone calls, the TCPA has since been amended to include spam text messages.

The TCPA also requires companies to provide an opt-out option for customers for both phone calls and text messages, and prohibits companies from using phone calls to harass or intimidate consumers. In addition, the TCPA requires companies to honor a do-not-call registry list for up to five years.

Tabatha is filing the TCPA lawsuit seeking multiple damages for federal privacy law violations, and is seeking up to $1500 per violation. This amount of damages can be awarded if the claimant can prove willful intent, while the base penalty is $500 per TCPA violation.

Tabatha alleges the company knew the Santander robocalls were in direct violation of the TCPA, but opted to place them anyways. Consumers looking to file a TCPA lawsuit should keep a record of their phone calls and information such as:

• Keeping their caller ID record
• Save all voicemails and text messages
• Written summary of the message, including date and time and caller’s identity
• Keep a copy of any written requests that revoke consent to being contacted

This TCPA Lawsuit is Case No. 3:18-cv-00374-BJD-JRK, in the U.S. District Court of Middle Florida, Jacksonville Division.

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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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