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American Express calls class action overview:
- Who: An Arizona woman is suing American Express.
- Why: She alleges the company breaches the Telephone Consumer Protection Act through its debt collection calls.
- Where: The American Express calls class action was filed in an Arizona federal court.
An Arizona woman is suing American Express alleging it violated the law when it contacted her at least 10 times trying to collect debt from a woman she says she has never heard of.
Plaintiff Debra Duke filed the class action lawsuit against American Express Company on March 13 in an Arizona federal court, alleging violations of the Telephone Consumer Protection Act (TCPA).
According to the class action, American Express repeatedly violated the TCPA by making pre-recorded calls to consumers’ phone numbers without first obtaining their prior express consent.
American Express places pre-recorded debt collection calls to consumers who owe a debt on a payment card, Duke explained.
She alleges telemarketing reporting sites have captured pre-recorded messages that American Express has left on consumer voicemails, and numerous consumers have posted complaints online regarding wrong number debt collection calls that they received from the company.
“These pre-recorded voice calls were made en masse without the prior express consent of the Plaintiff Duke and the other members of the Pre-recorded No Consent Class,” the lawsuit states.
Plaintiff contacted at least 10 times with wrong-number calls, texts, she alleges
Duke started receiving pre-recorded calls and text messages from American Express in August 2022 to her cell phone number, the lawsuit states. The pre-recorded calls and text messages were intended for another woman, although Duke has owned her cell phone number since at least 2012.
From Aug. 2022 through to the filing of the lawsuit, Duke received at least 10 wrong number calls and texts regarding the debt of a woman she does not know, she says.
On multiple calls, she responded and got through to live employees, where she told them that they were calling the wrong number, she says. She also asked them to stop calling her.
“Despite Plaintiff Duke’s stop requests, the calls continued,” the lawsuit states, wasting her time.
Duke seeks to represent anyone in the United States who got a call from American Express that it did not have permission to make, in the last four years. She’s seeking certification of the class action, damages, fees, costs and a jury trial, as well as an order forcing American Express to stop calling her.
Meanwhile, several companies, including Subway, Petland, Shoe Carnival and Miracle-Gro, have recently been accused of violating the TCPA by sending consumers unsolicited sales messages. Click here for more details.
Have you had wrong number calls from American Express? Let us know in the comments!
Duke is represented by Nathan Brown of Brown Patent Law.
The American Express calls class action lawsuit is Debra Duke et al., v. American Express Company, Case No. 4:23-cv-00125-LCK in the U.S. District Court for the District of Arizona.
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