Woman Files Lawsuit over Chase Bank Harassing Phone Calls

A consumer who says she received Chase Bank harassing phone calls has filed a lawsuit against the bank alleging TCPA violations.

Plaintiff Hendy F. recently filed her lawsuit against Chase Bank USA NA, alleging that the Chase Bank harassing phone calls she received were in violation of the Telephone Consumer Protection Act (TCPA).

The Telephone Consumer Protection Act was passed by Congress in 1991 in an attempt to restrict abusive telemarketing practices. Requirements of the Telephone Consumer Protection Act include:

• Telemarketers cannot use automated calling systems without previous consent.
• Telemarketers cannot call individuals if they have revoked their consent for telephone communications.
• Telemarketers must obtain written consent from customers before robocalling them.
• Telemarketers cannot trick customers into giving consent using an “established business relationship.”
• Telemarketers are required to provide automated opt-out mechanisms during each robocall.

Under the Telephone Consumer Protection Act, victims of unfair telemarketing practices may be entitled to $500 in damages for each violation of the act.

Hendy claims that she started receiving Chase Bank harassing phone calls in June 2017, when representatives allegedly began leaving automated messages on her phone. She then called the representative and informed her that she was receiving phone calls for an account that was her husbands and not her own.

“The Plaintiff also stated that she was receiving calls to her cellphone number and offered to give the representative the account number. The representative informed the Plaintiff since she was not on the account she would not be able to access it for her and asked if there was a reason why she was calling. The Plaintiff informed the representative that it is her husband’s account, but she is the once receiving calls on her cell phone and she would like for them to stop,” the lawsuit states.

She allegedly gave them her husband’s phone number instead. However, the representative allegedly told her that her husband would have to talk to them to change the cell phone number. Hendy informed the representative that if they did not stop calling, she would pursue legal action.

Since the start of the Chase Bank harassing phone calls, Hendy estimates that she has received over 250 autodialed calls.

Hendy claims that the Chase Bank harassing phone calls violate the Telephone Consumer Protection Act in many ways. First, the calls were made using an auto-dialer, as evidenced by the alleged automated call voicemails, without Hendy’s consent, which is prohibited by the Telephone Consumer Protection Act.

Second, Hendy claims that she specifically and clearly opted out of receiving phone calls to her phone when she spoke with the representative. The Chase Bank harassing phone calls allegedly continued, which is a violation of the Telephone Consumer Protection Act.

“Defendant is in violation of the [Telephone Consumer Protection Act], upon information and belief, having used its calls for debt collection and, failing to honor Plaintiffs’ desire to opt out of telephone communications despite Plaintiffs clear, unequivocal and repeated requests that such automatic calls cease,” the lawsuit states.

Hendy seeks trebled damages, court costs, and attorneys’ fees.

The Chase TCPA Lawsuit is Case No. 3:18-cv-08241-PGS-TJB in the United States District Court for the District of New Jersey.

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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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