By Amanda Antell  |  October 26, 2017

Category: Consumer News

TCPA robocalls autodialer phone callIn a new TCPA lawsuit, a Georgia man alleges he received too many Credit One Bank harassing phone calls, in violation of federal privacy laws.

The alleged Credit One Bank harassing phone calls reportedly distressed the claimant as they were made in an attempt to collect an alleged consumer debt.

Plaintiff David T. is filing this TCPA lawsuit alleging the Credit One Bank harassing phone calls violated federal privacy laws and were not placed according to the requirements of the Telephone Consumer Protection Act, or TCPA

David claims he received over 3,000 Credit One Bank harassing phone calls, trying to collect on an alleged consumer debt incurred through credit card purchases.

According to the TCPA lawsuit, David had began receiving these Credit One Bank harassing phone calls on Nov. 1, 2016. He says he specifically asked for the calls to stop and for the company to stop calling his cellphone number.

During his conversation with the Credit One Bank representative, David says he revoked any consent to contact him and believes the company used an automated dialing system to place the calls. Automated dialing systems are tools that randomly generate and call phone numbers. Their use is heavily limited the TCPA.

The TCPA points out that “robocalls” are currently the number one consumer complaint in America, with the FCC and FTC stating there were almost 4,000,000 complaints submitted in 2016.

Overview of TCPA Policy

The TCPA was enacted by Congress to help protect consumers against aggressive telemarketers and debt collectors, which prohibits companies from using automated dialing systems to place calls or using an artificial voice to answer if the call is picked up.

Companies are also prohibited from contacting the consumer if expressly ordered not to. The TCPA lawsuit alleges this, as David repeatedly received Credit One Bank harassing phone calls without his consent and against his expressed wishes.

David alleges these calls were most likely made with an automated dialer based on the sheer volume of calls, and that an artificial voice would allegedly answer him.

David is filing this TCPA lawsuit, alleging these Credit One Bank harassing phone calls caused him sheer distress and anguish. He further claims the company deliberately ignored the TCPA, as well as his own requests for the calls to stop.

When David asked for the calls to stop, Credit One Bank should have placed him on their do-not-call registry and had respected his request. David’s TCPA lawsuit is seeking damages for every alleged Credit One Bank harassing phone calls, which may be between $500 to $1,500 per call depending on whether or not he can prove willful violation.

This would mean proving that the company willfully and knowingly violated the TCPA, at the expense of David’s mental anguish. However proving this can prove difficult, so maintaining any relevant documentation of the alleged phone calls is important.

This TCPA Lawsuit is Case No. 1:17-cv-03826-ELR, in the U.S. District for the Northern District of Georgia, Atlanta 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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6 thoughts onTCPA Lawsuit Alleges Credit One Bank Harassing Phone Calls

  1. Yvonne Thorburn says:

    During a horrific month of my 10 year old having grand mal seizures 2-3x a day, I fell behind by 2 weeks on my monthly payment. They have continued to call 4-8x a day, 5 days a week. Ny law says they cannot call more than 7x in 7 days. They call every 30 minutes or sometimes less then 30 minutes apart. Now that we are home from the hospital, I plan on contacting everyone i need to as this was a medical emergency. But the harassment when i can simply double my next months payment is mentally frustrating!

  2. Joshua Ward says:

    I just hired a lawyer, wish I’d of known about how this company handled business before signing up for one of there cards. If I could put a warning on anyones web page before they sign up I would 100%.

  3. Gabrielle Brown says:

    Credit one calls me 15 times a day to collect a debt, I have asked them not to call me and have asked to send everything in writing and they still continue, the calls are one right after another starting at 8 am. It’s becomes so stressfull to the point where I have my calls turned off completely

  4. Jose Vargas says:

    I have the same issues I stated to them that I work from a certain to a certain hour and they still spam call me from all different kinds of numbers and it’s frustrating

  5. Heather Smith says:

    They call me on a 100+ different numbers. All hours of all day since day one of 1st payment due

  6. Peter Poon says:

    I have been getting harassing calls from numerous people saying they are with Credit One. While I do have an active account with them, the numbers are all local numbers not from Credit One corporate offices!

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