Unwanted Calls from Citibank Inspire Plaintiff to Take Legal Action

A new class action lawsuit has been filed against Citibank. Plaintiff Jeremiah R. alleges he received unwanted calls from Citibank placed using an autodialer, calls that allegedly violated federal telemarketing laws.

These unwanted calls from Citibank, according to Jeremiah R.’s narrative in the complaint, came completely unsolicited without any original justifying business relationship to the financial corporation. The unwanted calls from Citibank also continued despite the plaintiff’s express requests that they stop, he claims.

Jeremiah R. alleges that the unwanted calls from Citibank were in direct violation of the Telephone Consumer Protection Act (TCPA).

What is the TCPA?

The TCPA was passed by Congress in 1991 under the administration of President George H.W. Bush. Its primary purpose was to reduce the sheer number of nuisance calls that U.S. citizens receive daily and thereby protect their privacy. The TCPA does this by placing significant restrictions on the telemarketing industry and the use of automated dialing equipment.

Automated dialing equipment or “auto-dialers” can store phone numbers or automatically generate sequential phone numbers and call them with very limited human interaction. They are usually easily identified by a pause at the end of the line after picking up that resembles dead radio air. After an autodialer engages with a caller, it is followed by a pre-recorded message or a live caller.

The use of auto-dialing equipment is very controlled under the TCPA. According to the law, autodialers cannot engage two or more lines of a multi-line business or be directed toward a hospital, elder care room, emergency room or urgent care facility, or physician’s office. Automated calls also cannot be directed toward an individual’s residence without their consent. Newer provisions of the TCPA restrict the placement of automated calls to mobile phones.

Finally, the TCPA controls nuisance phone calls to its citizens by requiring companies to honor the National Do Not Call List and maintain an Internal Do Not Call List. This means that if a call recipient asks to stop receiving calls and this request is not honored, the company has not kept appropriate records internally as required by law. The National Do Not Call List, once a name and phone number are added, is permanent.

The Unwanted Calls from Citibank Class Action Lawsuit

Jeremiah R. seeks to represent a Class of unknown proportions believed to be very large. This Class includes himself and is made up of similar people that have been on the receiving end of unwanted calls from Citibank despite repeated requests for them to stop. According to the size of the financial giant and the number of complaints recorded online, he estimates the size to be significant and would, therefore, be worth the time and energy of the court to prosecute.

The plaintiff, on behalf of himself and others in this proposed Class, is bringing two claims against Citibank. The first claim concerns willful violations of the TCPA, and the second claim asserts general TCPA violations. Jeremiah hopes for injunctive relief prohibiting Citibank from engaging in these violations in the future. He also hopes to receive treble damages of $1,500 and statutory damages of $500 for each Class Member as well as a return of all court and attorney’s fees.

The Unwanted Calls from Citibank Lawsuit is Case No. 3:17-cv-06907-JCS in the U.S. District Court for the Northern District of California.

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.

Get a Free Case Evaluation Now