Man Files Capital One Robocall Lawsuit Alleging TCPA Violations

A Capital One robocall lawsuit was recently filed in the U.S. District Court of New Jersey by a man alleging that the company violated the Telephone Consumer Protection Act (TCPA).

Plaintiff Yehuda F. files his Capital One robocall lawsuit demanding a trial by jury. The lawsuit was filed on Nov. 20, 2018.

According to his Capital One robocall lawsuit, Yehuda says that in January 2018 he began receiving telephone calls to his cell phone from Capital One. He alleges these calls came from a 1-800 number without his expressed consent.

In February, Yehuda says he reached out to the company and spoke to one of the company’s representative. During the call, he says he informed them that he would like them to stop contacting him. Nonetheless, he says that the calls continued.

According to the Capital One robocall lawsuit, Yehuda says that he’s “received at least 100 phone calls and pre-recorded automated messages to his cellphone number.” The Capital One robocall lawsuit was filed on a single count of violation of the TCPA.

Overview: TCPA

The Telephone Consumer Protection Act (TCPA) is a federal statute that was enacted in 1991 to help protect consumer privacy and limit the amount of telephone marketing calls that a company could make to a consumer. The legislation restricts telemarketing communications from SMS texts, fax, and voice communications.

Some rules of the TCPA were revised in 2012 but essentially the TCPA requires telemarketers to obtain consumer “express consent” prior to any contact. The legislation arose due to telemarketer harassment and under regulation when it comes to calls, texts and faxes from telemarketers. There is an insurmountable amount of consumer complaints regarding telemarketing harassment.

There are many key points and components of the TCPA, however, as to how consumer rights are to be upheld. These components are specifically addressed in the TCPA Declaratory Ruling and Order that was released by the Federal Commissions Committee (FCC). This addresses just how the TCPA should be interpreted. Some of these components include:

• Consumers’ ability to revoke consent to receiving any SMS messages or phone calls at any time.
• Telephone service providers offering consumers the ability to block robocalls.
• Telemarketers are prohibited from using automated dialing systems to call consumer wireless phones without consent.
• Telemarketers are prohibited from leaving pre-recorded telemarketing messages without consent.

Additionally, the Federal Communication Committee also regulates through the TCPA the time any telemarketing calls to consumers can be made. Calls are prohibited to be made to any residential telephone subscriber prior to 8 a.m. or after 9 p.m. A do-not-call registry established by the FCC further allows the prohibition of any contact to be made.

Through regulation created under the TCPA, an established business relationship is no longer sufficient to allow for consumer contact. Telemarketers must also provide an “opt-out” mechanism to allow consumers a way to prevent and inhibit any additional telephone calls to be made by telemarketers. But banks are asking for exemptions to the updated FCC regulations, saying the block stops them from letting customers know about data breaches.

The Capital One Robocall Lawsuit is Case No. 3:18-cv-16307-MAS-LHG, in the U.S. District Court for the District of New Jersey.

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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