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A Louisiana woman who says she was called on an almost-daily basis by Capital One debt collectors for four months during the pandemic is suing the bank.
Rachel Forehand filed the lawsuit against Capital One on Tuesday in the Eastern District of Virginia Richmond Division.
She alleges the creditor violated the Telephone Consumer Protection Act (TCPA) when it called her 135 times between Sept. 22, 2020 and Jan. 26 this year using an automated telephone dialing system.
The TCPA is a federal law that broadly regulates the use of automated telephone equipment. Forehand stated in the lawsuit that she believed Capital One was using an auto-dialler because she “heard a pause” before the operator spoke, and was called so many times.
Forehand said her hours at work were reduced in 2020 due to the pandemic, making it harder for her to pay all her bills, including her Capital One account.
After she fell behind with the bank, she said her interest and late payment fees shot up, making it even harder to pay. In September, 2020, the bank started calling for its money.
When Forehand spoke to a consultant, she told them that she was revoking her consent to be contacted. Despite this, Capital One continued to call her, allegedly calling her “nearly every day” until Jan. 26 this year.
Forehand said the bank would also call her family and friends to “embarrass” her and force payment on the account.
“Defendant’s daily calls to Plaintiff’s cellular phone were a constant reminder of her financial situation, exacerbating Plaintiff’s stress and anxiety,” the lawsuit states.
“As a result of Defendant’s conduct, Plaintiff has sustained actual damages including but not limited to, emotional and mental pain and anguish.”
Forehand is seeking a trial by jury, damages and interest. She said, under the TCPA, she could be due $500 per violation, or $1,500 per violation if Capital One knowingly violated the TCPA.
At that rate, she could be owed between $67,500 and $202,500 if each call is deemed a violation.
It’s been three decades since the TCPA became law, and it’s poised to get a lot of attention in 2021 because of another year of Supreme Court activity. Read more about what that may mean for consumers here.
Capital One has faced multiple lawsuits over its alleged TCPA violations in the past, with the most recent alleging “abusive” phone calls last month.
In 2018, at least seven lawsuits, some of them class action lawsuits, were filed against Capital One for harassing consumers with excessive phone calls.
In 2014, Capital One settled a class action lawsuit arguing TCPA violations for $75.5 million, considered the largest ever settlement of its kind.
Have you received robo-calls from your bank? Did you know it could be a violation of the TCPA? Let us know in the comments!
Forehand is represented by Susan Rotkis at Price Law Group.
The Capital One Forehand TCPA Lawsuit is Rachel Forehand v. Capital One Bank, Case No. 1:21-cv-290, in the United States District Court Eastern District of Virginia Richmond Division.
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16 thoughts onWoman Sues Capital One Alleging 135 Debt Collection Calls in 126 Days
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I fell behind on my Capital One payments after paying $100 a month for 3+ years. The interest was eating up all but around $15 each month. I called to get a lower interest rate but they told me that they could not do that even though I had been with them for years. I even tried to negotiate to pay 75% of the bill. They refused anything other than the total amount owed. I could no longer afford the $100 a month so they sent me to collections. I was called 3-5 times a day every day. Please add me.
I fell behind on my Capital One payments after paying $100 a month for 3+ years. The interest was eating up all but around $15 each month. I called to get a lower interest rate but they told me that they could not do that even though I had been with them for years. I even tried to negotiate to pay 75% of the bill. They refused anything other than the total amount owed. I could no longer afford the $100 a month so they sent me to collections. Please add me.
Capital repeatedly called me add me please