Christina Spicer  |  February 2, 2021

Category: Legal News

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Credit One TCPA class action lawsuit alleges illegal marketing calls

An Illinois woman claims that she and others were peppered with unwanted marketing calls from Credit One bank, in violation of the Telephone Consumer Protection Act (TCPA).

Lead plaintiff, Adriane Jefferson, says that the Las Vegas-based Credit One bank called her repeatedly, without permission, using prerecorded marketing messages. Jefferson says that the calls were made to her cell phone and she asked a Credit One employee to stop having the calls placed; however, Credit One continued to bombard her with unwanted marketing calls, according to a complaint filed on Friday.

The Credit One class action lawsuit accuses the bank of violating a federal privacy law with these repeated unwanted calls to Jefferson and thousands of other consumers.

The Telephone Consumer Protection Act, or TCPA, is a federal law designed to protect consumers like Jefferson from annoying and time-consuming telemarketing activities. The TCPA requires marketers to get the express consent of consumers before contacting them with advertising messages via phone, fax, or text messaging.

In addition, the law restricts the use of various shortcuts used by telemarketers to bother more people, including automatic dialing systems and prerecorded messages.

The complaint points out, “calls in violation of the TCPA are prohibited because, as Congress found, automated or prerecorded telephone calls are a greater nuisance and invasion of privacy than live solicitation calls, and such calls can be costly and inconvenient.”

“The FCC also recognized that wireless customers are charged for incoming calls whether they pay in advance or after the minutes are used.”

The TCPA can also result in severe monetary consequences for marketers; each violation can result in a fine between $500 or $1,500 and each call or contact is considered a single violation.

“Defendant’s unsolicited calls caused Plaintiff harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion. Defendant’s call also inconvenienced Plaintiff and caused disruption to her daily life,” states the Credit One TCPA class action lawsuit.

Jefferson seeks to represent a nationwide class of consumers who received unwanted marketing calls to either their cell or residential phone number from Credit One. The class action lawsuit is seeking damages of $500 for each unwanted call made to proposed Class Members.

Did you get a marketing call from Credit One? We want to hear from you! Tell us what happened in the comment section below.

The lead plaintiff, Adriane Jefferson, and the proposed Class Members are represented by Manuel S. Hiraldo of Hiraldo Law P.A.

The Credit One TCPA Class Action Lawsuit is Adriane Jefferson v. Credit One Bank, NA, Case No. 1:21-cv-00532 in the U.S. District Court Northern District of Illinois.

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699 thoughts onCredit One TCPA Class Action Claims ‘Aggravation, Annoyance’

  1. Heather Byrd says:

    I have received more than 904 calls from Credit One in the past month. I have each call time stamped in my mobile security app.

  2. Shirley A Murphy says:

    I would like to file claims against Credit One Bank for over charging and calling me more than 10 times a day including on Satudays and Sundays. These calls are very annoying to me,

  3. Elizabeth Kable says:

    Same here. I have a log of between 8-20 a day for 30 days. FDCPA specifically states no more than 7 for 7days. Contact was made and the calls increased. Absolutely the worst, most egregious company ever. Now they are trying to charge me for a card I never activated. Refuse to acknowledge this.

  4. catoke says:

    I have to mail my landlord, who lives only a few blocks from me, my rent check each month. I was looking at my bank account and saw that he deposits my checks into his Capital One account.
    Since I started renting from him I notice I get Capital One offers in my mail about twice a week. BUT NOW THE CALLS HAVE STARTED. I get a call once a day but the phone never rings and there is never an incoming phone call number in my Call History showing it is Capital One. I just get a voice message to call that 800-955-6600. I know my Landlord would not “sell” my information but my guess is they got my address from my check he deposits each month. I do not have my phone number on the checks, though. So, I have no idea how they got my number.

  5. Donita B Damman says:

    All the time ..the lady just hung up on me……

  6. Tom Morgan says:

    Get these calls all the time. Never had a business realationship with Credit One

  7. Heather Smith says:

    I missed one payment because of covid running thru my house. Soon as it was due i had at least 50 different numbers call me.. Day in and day out. Ive got calls as late at 11pm. Ridiculous.

  8. Nicholle K Sosa says:

    I have a card for a few years with them , wit COVID money has gotten tight long story short I was late once and they called me to collect, I explained I would pay on set date and informed them my online access said maintenance making me forget, it’s been a week and they call me 5/6 times a day since the day it became late , I’m over it, I tried to demand why they call so much and the agents hang up on me and call again!

  9. Juan David Londono says:

    I have received 15+ calls daily, weekends as well, from 8:20am until 9 or later. This comes after they failed to replace my card after fraud. The CC replacement was not received not activated. Yet they charged $300+ to the account and closed it. All with out ever getting the 2nd card. The harassment with the hundreds of calls monthly is beyond reason.

  10. Mark Marcarian says:

    Hello yes I did have more than ten calls after saying to cease calling me. I had to complain to the BBB which has my record on file of the complaint.

    1. William says:

      I’m on the phone now for another 2 hours.after 8 hours of previous calls.im on hold again!@!!!!!!!!!

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