Ally Financial Accused of Violating TCPA Regulations with Spam Phone Calls

A man from Michigan alleges Ally Financial Inc. violated federal TCPA regulations when sending unwanted spam calls to him, which allegedly continued after he asked for them to stop.

These calls reportedly pertained to an auto loan debt, which were made to the claimant’s cellphone allegedly through an automated dialing system.

Plaintiff Brian B. alleges he has received hundreds of unwanted cellphone calls from Ally Financial, all pertaining to the same alleged debt. Based on the sheer volume of unwanted calls, the TCPA lawsuit alleges an automated dialing system was most likely used to place the call.

In addition, alleges Brian, a distinct pause of dead air could be heard before a prerecorded message responded, which are common indicators of automated dialing systems.

Brian said he asked Ally Financial representatives to stop calling him, with the TCPA claim describing the constant calls as harassing in nature. Brian states he had been severely inconvenienced by these calls, which were also an invasion of his privacy.

Brian was eventually driven to file legal action and is seeking damages for every alleged TCPA violation.

Overview of TCPA Laws and Violations

Many companies in the United States use automated dialing systems to reach out to customers for a variety of purposes. However, TCPA regulations state that companies must have express prior consent from the consumers they attempt to contact before sending spam texts or calls.

The TCPA (Telephone Consumer Protection Act) was established in 1991, to help protect consumers against aggressive telemarketers. Under the TCPA regulations, companies are prohibited from sending consumers unwanted text messages, phone calls, or faxes. The TCPA requires companies to get express prior consent from consumers before sending these communications when using an automated dialing system.

Automated dialing systems are software programs companies use to generate and call random phone numbers, which cuts down the need for human telemarketers. Even if a live person answers if the call is picked up, it is still possible the company used an automated dialing system.

Regardless of whether or not this software is used, companies must also follow other important TCPA rules when contacting customers.

For example, consumers must be placed on the company’s do-not-call registry if they ask for the communications to cease and must honor this request for up to five years. Companies that are found to be in violation of the TCPA, could face between $500 to $1,500 per violation.

Even though these TCPA violations can quickly add up for companies, they are still common occurrences. According to the Federal Communications Commission (FCC), there had been 215,000 TCPA complaints submitted in 2014.

People who are considering filing a TCPA lawsuit may document the following information:

• Date and time of relevant phone calls
• Caller’s identity
• Summary and purpose of call
• Whether or not consent was revoked; keep copy of written record

David alleges Ally Financial knowingly went against the TCPA when sending these unwanted phone calls, and is seeking up to $1,500 per alleged violation.

This TCPA Lawsuit is Case No. 2:19-cv-10093-RHC-MKM, in the U.S. District Court of Eastern Michigan, Southern 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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