Wells Fargo TCPA Lawsuit Alleges More Than 4,000 Unwanted Debt Collection Calls

A Florida woman has filed Wells Fargo TCPA lawsuit after receiving multiple unwanted phone calls allegedly made by an automated dialing system.

The calls placed were over an alleged debt the plaintiff incurred, which persisted even though she reportedly asked for the calls to stop.

Plaintiff Eileen N. is filing the Wells Fargo TCPA lawsuit alleging the bank violated the Telephone Consumer Protection Act (TCPA) and federal privacy laws.

Eileen had reportedly started receiving calls to her cell phone on Jan. 15, 2009 to recover an alleged consumer debt.

The times when Eileen answered the calls, an artificial voice had responded by stating “Welcome to Wells Fargo Bank home mortgage.” Immediately after receiving the first call, Eileen asked the bank to cease calling her.

It is important to note that Eileen did not give Wells Fargo permission to call her, and these calls were not made for emergency purposes, according to her lawsuit.

From Jan 15, 2009 to October 2013, Eileen had received approximately 4,000 phone calls to her cellphone and had spoken to a live agent on at least 20 separate occasions.

Each time Eileen spoke to an agent, she demanded the bank stop placing calls to her cellphone. According to her Wells Fargo TCPA lawsuit, these calls were placed almost daily and had even occurred on Saturdays and Sundays.

Eileen stated that she had and would continue to make her payments on time, and that these calls were unnecessary.

These calls eventually stopped when her property sold in October 2013. Even though the phone calls eventually ended, Eileen alleges her repeated requests to end the harassment were ignored and had caused her to suffer severe stress.

Furthermore, Eileen alleges Wells Fargo had intentionally harassed and abused her on numerous occasions and several times in the same hour in the form of the constant phone calls.

Eileen is filing this Wells Fargo TCPA lawsuit for multiple violations of the TCPA and is seeking damages between $500 to $1500 per violation.

Overview of TCPA Violations

Each of the actions described are violations against the TCPA, which was established to help protect consumers against aggressive telemarketing and debt collection practices.

Under the TCPA, companies are prohibited from using an automated dialing system from generating and placing calls to phone numbers.

In addition, companies must have express consent from the consumer before placing these calls and must not use an artificial or pre-recorded voice. The TCPA also requires companies honor a do-not-call registry for up to five years, which customers can be added to upon request.

Furthermore, the TCPA prohibits companies from calling consumers before or after certain hours in the day and during the week.

Companies found to be in violation of the TCPA, can face massive legal penalties as these prohibited calls can quickly accumulate.

The Wells Fargo TCPA Lawsuit is Case No.8:16-cv-03206 filed in the U.S. District Court for the Middle District of Florida, Tampa 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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