Woman Alleges TCPA Violations in New Santander Consumer Lawsuit

A Nevada woman recently filed a Santander Consumer lawsuit against the debt collection company, alleging she was illegally targeted in corporate telephone practices banned by the Telephone Consumer Protection Act.

The plaintiff, Alexandria H., alleges she began receiving calls from defendant Santander Consumer USA in 2015, which used an automatic telephone dialing system and pre-recorded or artificial voice. Alexandria notes that she could detect the automated nature of the calls because of the recorded messages and/or the telltale silence or delay at the beginning of the call indicating a robocall.

After receiving a few of these calls, Alexandria claims that she told Santander Consumer to stop calling because they had the wrong number—revoking any prior express consent she may have given.

At that point, each of Santander Consumer’s calls was made knowing that the calls were unwanted and unwarranted, she claims. According to Alexandria’s Santander Consumer lawsuit, the calls continued for months, through May 2016.

In response, Alexandria filed a Santander Consumer lawsuit, claiming that the calls were “frustrating, annoying, harassing, invasive, and upsetting.” The Santander Consumer lawsuit alleges that these calls were in violation of the TCPA because of their automated nature, and because they were made without Alexandria’s consent.

Alexandria filed her Santander Consumer lawsuit on June 26, 2018, in the U.S. District Court for the District of Nevada.

Basics of the Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) was introduced back in 1991 and intended to protect consumers from unwanted solicitation through technology.

The TCPA has always focused on the placement of unwanted solicitation calls, or the use of an auto dialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive these calls. However, in more recent years, the TCPA has expanded to include text messaging as well as traditional unwanted solicitation calls.

Reporting TCPA Violations

Reporting violations of the TCPA or filing a lawsuit can help force companies like Santander Consumer and countless others to comply with TCPA regulations. Reports of violations may also grant consumers award money per individual violation.

These kinds of TCPA violations are extremely common—so common that many consumers are used to it, and may not even know that these practices are illegal. According to the Federal Communications Commission, or FCC, the agency received more than 215,000 individual TCPA complaints in the year 2014 alone.

If you have received unwanted robocalls or prerecorded messages from a company like Santander Consumer without having given prior express permission, or after placing your name on a federal Do Not Call telemarketer list, you may be entitled to compensation through a TCPA lawsuit.

Unwanted robocalls or texts in willful or knowing violation of the TCPA may be subject to statutory damages of $500, but a violation made in willful or knowing violation of the TCPA can increase that fine to up to $1,500.

In order for your TCPA claims to be most effective, you will need to provide proof of these violations. Keep messages and phone records of the unwanted solicitation calls placed to your phone.

The Santander Consumer Lawsuit is Case No. 2:18-cv-01117-JAD-GWF, in the U.S. District Court for the District of Nevada.

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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