Capital One Called Out in Class Action Lawsuit Alleging ‘Abusive’ Phone Calls

Capital One is facing yet another class action lawsuit claiming it harasses customers that owe it money in ways that violate the Telephone Consumer Protection Act (TCPA). 

Wisconsin resident JoAnn Johnson is the latest plaintiff accusing the credit card company of making abusive and illegal phone calls to her after she stopped making payments.

Johnson opened a Capital One credit card in 2015, according to the class action lawsuit. She says she was eventually unable to continue making payments and that’s when Capital One started calling her cell phone up to three times a day. 

Many times using an autodialer and prerecorded messages, the complaint notes. 

Johnson said she sent Capital One a certified letter in March asking to no longer be contacted by phone. Capital One allegedly disregarded that request and kept calling until at least June.

She describes the calls as “abusive and outrageous” and argues they not only violate the TCPA, but also Wisconsin consumer laws.

The Wisconsin Consumer Act prohibits harassing and threatening conduct from debt collectors, according to the class action lawsuit.

Capital One has faced lawsuits over its alleged TCPA violations in the past. 

In 2018, at least seven lawsuits, some of them class action lawsuits, were filed against Capital One for harassing consumers with excessive phone calls. 

In 2014, Capital One settled a class action lawsuit arguing TCPA violations for $75.5 million, considered the largest ever settlement of its kind. 

Capital One isn’t the only company facing TCPA violation allegations. Hundreds of complaints filed by consumers call out other businesses as well. 

Most recently, plaintiffs have formed a class action lawsuit against Hyundai’s North American Division for unwanted telemarketing calls. 

The Telephone Consumer Protection Act was passed in Congress in 1991 to address unwanted calls from businesses to individuals and households. 

The law restricts the use of things like robocalling, automatic dialer, calling cell phones, calling numbers on the Do Not Call List, and sending text messages. 

See if you qualify for an unwanted phone call and text message class action lawsuit investigation.  

Are you a Capital One credit card holder who’s been harassed by unwanted calls or texts? Let us know in the comment section below. 

Counsel representing the plaintiffs in this class action lawsuit is Elliot Gale of Gale, Angelo, Johnson, & Pruett, P.C.

The Capital One TCPA Lawsuit is Johnson v. Capital One Bank USA, Case No. 2:21-cv-00200, in the U.S. District Court for the Eastern District of Wisconsin. 

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