Capital One Made 475 Telemarketing Calls, TCPA Lawsuit Claims

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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