One of America’s biggest banks is facing serious TCPA allegations, with a Florida man alleging numerous Wells Fargo robocalls. The man had opted to file a TCPA lawsuit after Wells Fargo allegedly continued the robocalls even after the claimant asked for the calls to stop.
According to the TCPA lawsuit, plaintiff Leonard M. had reportedly received 400 cell phone calls from Wells Fargo. These calls were to placed in order to collect on an alleged home mortgage debt. Leonard reports the Wells Fargo robocalls lasted over the course of four years.
During this time, Leonard says he repeatedly asked for the Wells Fargo robocalls to stop and had even visited the nearest branch location to request in person. Leonard had gone to his local branch in February 2017, and had asked a customer service representative to cease the calls.
After the alleged Wells Fargo robocalls continued, Leonard managed to get in contact with bank representative Desire M. on June 28, 2017. Leonard had once again asked for the robocalls to cease, in which Desire told Leonard the calls could not be stopped at that time.
Leonard was eventually forced to file a TCPA lawsuit against the bank, in order to make the alleged Wells Fargo robocalls stop. He believes each of these calls may count as a deliberate violation of the Telephone Consumer Protection Act.
Overview of TCPA Policy and Violations
The Telephone Consumer Protection Act (TCPA) was passed by Congress in 1991 to help consumers combat aggressive telemarketers. While the policy initially covered phone calls and faxes, the policy was later amended to include spam text messages.
The TCPA states that companies must adhere to strict federal standards when conducting telemarketing. TCPA provisions prohibit practices including:
- Placing calls before 8am or after 9pm
- Calling consumers who have requested not be contacted or consumers on the company’s “do-not-call” registry
- When the company representative making the call fails to identify themselves or their employer
- Sending unsolicited faxes
- Sending unwanted spam text messages
- Using an automated dialing system to place calls, and an artificial voice to answer the call
Companies found to be in violation of the TCPA, like the alleged Wells Fargo robocalls, can face fines between $500 to $1500 per violation depending if willful intent can be proven.
Consumers who may have experienced unwanted spam calls and want to file a complaint can take certain steps to prepare for legal action:
- Obtaining and saving all relevant phone records, highlighting calls to and from the telemarketers
- Make a written record of calls the claimant received, by recording the date and time of call, as well as the caller’s identity, along with the summaries of the conversations
- Save all voice messages from the telemarketers
- Showing documentation that the claimant revoked their right to receive calls
Leonard is filing this TCPA lawsuit alleging Wells Fargo knowingly violated the TCPA by repeatedly calling his cell phone. He is seeking damages for all the alleged TCPA violations, along with any other relevant charges.
This TCPA lawsuit is Case 6:17-cv-01484-GAP-TBS, in the U.S. District Court for the Middle District of Florida, Orlando 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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