Woman Files Wells Fargo TCPA Lawsuit, Alleging Harassing Phone Calls

A woman filed a Wells Fargo TCPA lawsuit accusing the financial giant of violating the Telephone Consumer Protection Act (TCPA).

Plaintiff Annette M. filed the Wells Fargo TCPA lawsuit in Georgia federal court on March 13, 2018.

According to the lawsuit, the TCPA was enacted to prevent companies like Wells Fargo from using and “invading American citizens’ privacy and to prevent abusive ‘robocalls.’”

Annette is a resident and citizen of the state of Georgia. She says that she was bombarded with Wells Fargo’s telephone calls at least 100 times in an attempt by the corporation to collect a debt.

She also accuses Wells Fargo of using an automatic telephone dialing system, or ATDS, along with the extensive number of calls she received. According to the complaint, the plaintiff would hear “a pause when she answered her phone before a voice came on the line and/or she received prerecorded messages for Defendant.”

Wells Fargo would also allegedly place calls to her cellular number. On several occasions, she says, she asked the agent or representative to stop calling. In July 2017, she alleges she answered a call from Wells Fargo and specifically told the representative that the calls were indeed harassment and demanded the calls be stopped.

However, “[d]espite Plaintiff clearly and unequivocally revoking any consent Defendant may have believed it had to call Plaintiff on her cellular telephone, Defendant continues to place automated calls to Plaintiff,” the Wells Fargo TCPA lawsuit states.

The Wells Fargo TCPA lawsuit is filed on a count for violations of the TCPA.

Annette demands a trial by jury.

Overview: Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA) was enacted by Congress to protect consumers from the growing number of telephone marketing calls. Enacted by Congress in 1991, it regulates unsolicited faxes, text messages, telemarketing calls, auto-dialed calls, and prerecorded calls.

Regulations that telemarketers must follow in terms of the TCPA include some of the following:

• Receive a consumer’s prior written consent before making any robocalls.
• Provide an automated and interactive “opt-out” mechanism during robocalls for consumers to let telemarketers know that they would no longer like to be called.
• No longer let an “established business relationship” be sufficient and that through TCPA regulations, a prior expressed written consent is required.

In 2003, the Federal Communications Committee (FCC), also established, in coordination with the Federal Trade Commission (FTC), a national Do-Not-Call registry that went into effect on Oct. 1, 2003. According to the FCC, “The national registry is nationwide in scope, covers all telemarketers (with the exception of certain nonprofit organizations), and applies to both interstate and intrastate calls.”

The Wells Fargo TCPA Lawsuit is Case No. 4:18-cv-00051-WTM-GRS, in the U.S. District Court for the Southern District of Georgia, Savannah 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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