By Kim Gale  |  April 22, 2019

Category: Legal News

Three named plaintiffs have filed an automated call class action lawsuit against J.P. Morgan Chase Bank.

Named plaintiffs Mayra Miramontes, Rita Norris, and Randall Lloyd allege J.P. Morgan Chase Bank violated the Telephone Consumer Protection Act (TCPA) by making repeated unwanted phone calls to them.

Miramontes says that on Feb. 22, 2018, she called J.P. Morgan Chase Bank and asked the bank to quit calling her cell phone number.

The bank allegedly said they would remove her cell phone number from her account and that she would not receive any more calls from them. During the course of that conversation, the bank representative allegedly told Miramontes that her consumer credit account was 17 days past due and asked for payment on that account.

Miramontes alleges that J.P. Morgan Chase placed more than 40 additional calls to her cell phone number after she was told the phone number was removed from her account and that the bank would cease calling her cell phone.

Norris says that on Jan. 30, 2018, she called J.P. Morgan Chase Bank and asked the bank to stop calling her cell phone number. The bank representative acknowledged her request and said they would no longer call her cell phone number. The bank customer service representative allegedly told her that her consumer credit account was 64 days past due and requested payment on that account.

Norris says that after she had that conversation with J.P. Morgan Chase Bank, she received more than 50 additional calls from them to her cell phone number.

Lloyd alleges he called J.P. Morgan Chase to ask them to stop calling his cell phone number on April 9, 2018. He says the bank representative confirmed that Randall’s cell phone number would be removed from the bank’s calling list and that he would receive no further calls from J.P. Morgan Chase. He says he continued to receive phone calls from the bank and counted more than 50 subsequent calls to his cell number.

Automated Call System Allegedly Violates TCPA

Miramontes, Norris, and Lloyd allege their cell phones were continued to be called by an automated call system that used equipment that stores phone numbers and/or produces phone numbers to call by using a number generator to dial numbers automatically.

Such use of an automated phone dialing system without prior express consent is a violation of the TCPA, as is continuing to call their cell phone numbers after being told to stop.

Miramontes, Norris, and Lloyd allege they and fellow class members have suffered an invasion of privacy, an intrusion into their lives and a private nuisance because of the numerous calls by J.P. Morgan Chase Bank.

The TCPA prohibits the use of an automatic telephone dialing system or an artificial or prerecorded voice without prior express consent unless the call is due to an emergency. Violations can result in a criminal fine of up to $10,000 each.

Congress is considering a new bill called the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED) that could result in criminal fines of up to $30,000 for each day a TCPA violation continues.

The Automated Call Lawsuit is Miramontes, et al., v. J.P. Morgan Chase Bank, N.A., Case No. 5:19-cv-002221 in the U.S. District Court for the Central District of California.

Join a Free TCPA Class Action Lawsuit Investigation

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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