TCPA Lawsuit Alleges Illegal Robocalls from Credit One Bank

Credit One Bank N.A. is facing a Telephone Consumer Protection Act (TCPA) lawsuit from a Tennessee man alleging the financial institution sent him numerous unwanted and illegal robocalls. The man alleges the illegal robocalls were made to collect on an alleged debt, and that the company ignored him when he requested the company stop.

Plaintiff Kenneth H. is alleging multiple violations against the TCPA in his claim, with the illegal robocalls being just one group of damages he is seeking. According to the TCPA lawsuit, Kenneth received approximately 250 illegal robocalls to his cellphone in the course of four years.

Based on the sheer number of calls placed to his cellphone, Kenneth alleges the company used an automated dialing system to randomly generate and place phone calls. In addition, Kenneth alleges every time he answered a call, an artificial voice would respond after a distinctive pause.

On several occasions, Kenneth had spoken with a Credit One representative and asked for the illegal robocalls to stop. One of these conversations took place in September 2017, in which Kenneth asked a representative to stop calling his cell phone.

Kenneth claims that Credit One did not have previous consent from Kenneth to place these calls and that these illegal robocalls were knowingly and willfully in violation of the TCPA.

According to the lawsuit, the illegal robocalls were deliberately meant to harass and stress Kenneth out, which also violates federal debt collection laws.

Overview of TCPA Policy and Violations

The Telephone Consumer Protection Act was passed by Congress in the early 1990s to help consumer combat aggressive telemarketers. Under the TCPA, companies are restricted from sending illegal robocalls to consumers using an automated dialing system and using an artificial voice to respond if the call is answered.

Furthermore, the TCPA requires companies to add customers to the company’s do-not-call registry and must honor the request for up to five years. Companies must also get express consent before calling consumers but must stop if the consumer requests it. Even with such strict provisions in place, companies regularly place illegal robocalls to customers.

According to the Federal Community Commission (FCC), there are thousands of TCPA complaints submitted every month by consumers. The FCC received over 215,000 TCPA complaints in 2014 as one example. Consumers can file legal action against persistent companies sending illegal robocalls and can seek compensation.

Kenneth is one of these consumers and is seeking $1,500 per TCPA violation and any other relevant damages. Consumers looking to file a TCPA lawsuit should document all unwanted phone calls or text messages including the date and time, summary of call, phone number that called, whether or not an artificial voice was used, and the company the call was placed for.

This TCPA Lawsuit is Case No. 3:18-cv-00149, in the U.S. District Court for the Middle District of Tennessee, Nashville Division.

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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