TCPA Lawsuit Alleges Unwanted Wells Fargo Robocalls

A man from Florida claims he received unwanted Wells Fargo robocalls trying to collect on an alleged debt, in violation of the Telephone Consumer Protection Act (TCPA). These Wells Fargo robocalls were reportedly made without prior consent, and were bothersome and harassing in nature to the claimant.

Plaintiff Stephen K. reportedly received unwanted Wells Fargo robocalls between Jan. 2, 2015 and March 19, 2016, along with one text message that stated he owed an alleged debt to the big bank. According to his TCPA lawsuit, however, Stephen revoked his consent on Oct. 3, 2014 and confirmed this with a bank customer service supervisor.

This means that the alleged Wells Fargo robocalls started several months after he revoked consent, which he argues violates the TCPA. The TCPA was established by Congress in 1991 to help consumers combat aggressive telemarketers and established rules for telemarketers to follow.

This and other TCPA lawsuits allege that even though consent had been revoked in this case, the Wells Fargo robocalls were still made. At this point in time, Stephen says he has exhausted all administrative remedies and has been forced to file legal action.

Overview of TCPA Requirements

The TCPA is an important federal privacy law for consumers that prohibits companies from sending unwanted phone calls, faxes, or text messages using certain automated equipment. One of these rules allows for very limited use of automated dialing systems, which generate phone numbers and place calls to them.

While this is common practice for many businesses, consumers must give their consent to receive these calls, and the calls must stop after consent is revoked. Business are required to give consumers the option to revoke consent under TCPA law.

In addition, companies are not allowed to use any robocalls for the sake of harassing consumers or use emergency lines to place calls. Companies must only contact consumers during reasonable daytime hours between 8 a.m. to 9 p.m. as to not interfere with their everyday lives.

The TCPA requires that companies add consumers to their do-not-call list if consent is revoked and respect the request for up to five years. Any of these violations can cause a company to face between $500 to $1,500 per penalty, depending on whether or not willful violation can be proven. These statutory damages raise the stakes for defendants, leading to TCPA settlements in the millions of dollars.

If any company is found to be deliberately violating the TCPA to spam consumers, then the legal action increases significantly. Stephen alleges the Wells Fargo robocalls were made in deliberate violation of the TCPA, and is seeking the maximum amount of damages.

Consumers who are considering filing a TCPA lawsuit should document all relevant communications and important details including:

• The date and time of call, fax, or text
• Summary of call, fax, or text
• If an artificial voice or pre recorded voice had responded
• If the option to revoke consent was given in texts
• If calls, faxes, or texts continued after consent was revoked
• Saving all voice mails and text messages
• Keep any copy of written requests that revokes consent, including relevant text messages

This Wells Fargo TCPA lawsuit is Case No. 3:18-cv-01157-BJD-PDB, in the United States District Court of Central Florida, Jacksonville Division.

Join a Free Wells Fargo Unwanted Cell Phone Calls Class Action Lawsuit Investigation

If you received an unwanted cell phone call from Wells Fargo, even though you have no prior affiliation with that bank, you may qualify to join a Wells Fargo unwanted cell phone calls class action investigation.

Learn More