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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.
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119 thoughts onCapital One Made 475 Telemarketing Calls, TCPA Lawsuit Claims
Please, add me
Please add me omg. I wanted to sue them but I’m such low class I didn’t know where to start. Capital One never called to see how they could help. I was never late until the pandemic began and I lost employment. I am still trying to catch up. Please add me.
During the beginning of the pandemic I called my creditors, including Capital One to get my payment postponed. Capital One said thats fine and you don’t have to pay for this month, then they charged me a late fee for being late. They then started calling constantly to get me to pay the ‘missed’ payment even after I explained that they were the ones that messed up and charged me the late fee.
GET A ROBO CALL $500 OR $1500 PER CALL AWARD
During the pandemic I was behind on my payment. They would call me constantly. Please add me!!!
Yes they have harrassed me constantly through calls and emails. I am a single mother of 2 kids and one of which has special needs and it gets me all upset in front of my kids every time. Its been very hard being unemployed during covid and trying to raise kids on my own
Yes add me as well
Count me in, I’m getting these calls and mail on a regular I have an letter in front of me now should I keep it for proof.
I had this happen with Credit One Bank a few years ago. Every day calls sometimes twice a day. After I told them my fiance past away from suicide and I lost my job being emotionally unstable. I was sure I had the insurance but no representative would check on it for me just kept demanding payments. These companies are rude and should not be allowed to do this. I had never missed a payment before that. Now it’s on my credit record because I refuse to pay. Ugh! Good Luck to you!
Add me
Please add me.