Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
In a lawsuit filed in Virginia federal court today, a single mother claims that Capital One bombarded her with telemarketing calls for months over payments missed during the coronavirus pandemic.
Plaintiff Carmen Triana, a single mother of two children, says she started getting up to three telemarketing calls a day after she fell behind on payments to Capital One. In July 2020, Triana says she explained her situation to a Capital One representative and told the bank to stop calling her.
Despite her request, Triana says that Capital One began peppering her with unwanted telemarketing calls just a month later. Again, Triana explained her situation to a representative and told them to stop calling, but Capital One ignored her pleas and continued to call her everyday until the end of January the following year.
In total, Triana says Capital One made no less than 475 unwanted marketing calls.
Further, the lawsuit alleges that Capital One made calls to Triana’s friends and family to embarrass her in an attempt to force her to make a payment on the claimed debt.
“Defendant’s daily calls to Plaintiff’s cellular phone were a constant disruption and reminder of her financial situation, exacerbating Plaintiff’s stress and anxiety,” states the Capital One TCPA lawsuit.
In addition to causing the plaintiff stress and emotional harm, the lawsuit claims that Capital One violated a federal law that protects consumers from unwanted telemarketing calls – the Telephone Consumer Protection Act (TCPA).
The TCPA was enacted by Congress in 1991 to reign in telemarketing activity. The law requires telemarketers to obtain the express consent of consumers prior to placing a call.
In addition, the TCPA restricts the use of automated dialing systems and prerecorded messages by telemarketers. Triana claims that Capital One used both methods in their unwanted telemarketing calls to her.
“As a result of Defendant’s violations of [the TCPA], Plaintiff is entitled to an award of five hundred dollars ($500.00) in statutory damages, for each and every violation,” claims the lawsuit. “If the Court finds that Defendant knowingly and/or willfully violated the TCPA, Plaintiff is entitled to an award of one thousand five hundred dollars ($1,500.00), for each and every violation.”
In addition to statutory damages, Triana is seeking a stop to the calls, legal fees, and any other relief the court deems appropriate.
Did you receive unwanted telemarketing calls from Capital One? Tell us about it in the comment section below!
Plaintiff, Carmen Triana, is represented by Susan Rotkis of Price Law Group APC.
The Capital One Telemarketing Lawsuit is Triana v. Capital One Bank (USA), N.A., Case No. 3:21-cv-00202-MHL, in US District Court for the Eastern District of Virginia, Richmond Division.
Read About More Class Action Lawsuits & Class Action Settlements:
- Woman Sues Capital One Alleging 135 Debt Collection Calls in 126 Days
- Capital One Called Out in Class Action Lawsuit Alleging ‘Abusive’ Phone Calls
- Do You Qualify: Wrong Number Robocalls | Business, Creditor & Debt Collector Lawsuit Investigation
- Do Not Call List TCPA Violations Class Action Lawsuit Investigation
119 thoughts onCapital One Made 475 Telemarketing Calls, TCPA Lawsuit Claims
It’s not so much Capital one it’s the debt collector named portfolio recovery. And throw in pinnacle along with them. I have blocked so many calls from both. I have a list of over 500 numbers since I got this phone last June
Please add me
Just make sure you keep the record of them calling.
I can absolutely believe it. Banks and big corporations get bail outs and our citizens get a couple of checks. I’m grateful for them but 475 times hounding someone who is in dire need? Criminal.
Yes, they called so much it was none stop .Every day all day long . I was getting so many calls from them and other companies I had my house phone taking out . I still get on my cell you can block them and they will use another number .
They called me relentlessly for missed payments throughout the Pandemic.
They been harassing by phone
They been harassing by phone an email lawd…
Add me
I have called by them numerous times