Plaintiff Fights Back After Hundreds of Capital One Cell Phone Robocalls

A man from New Jersey alleges he has received hundreds of Capital One cell phone robocalls, even after he asked for the calls to stop. The man says he repeatedly asked for the Capital One cell phone robocalls to stop but continued to receive them, which eventually spurred him into filing legal action against the bank.

According to the TCPA lawsuit, Plaintiff Avrohom S. began receiving the Capital One cell phone robocalls in June 2018, and since then has spoken with at least one representative asking for the calls to stop.

Avrohom says he spoke to a Capital One representative on June 27, 2018 with the representative asking for his social security number at some point during the call.

However, even though Avrohom had explicitly asked for the calls to stop, he says this has not deterred Capital One from calling him. According to the TCPA lawsuit, Avrohom has received at least 200 unwanted Capital One cell phone robocalls.

Avrohom’s claim alleges Capital One is knowingly and willfully violating the TCPA, a law that requires companies to respect the privacy rights of consumers. He is seeking damages for all the unwanted Capital One cell phone robocalls, along with any other relevant charges.

Overview of TCPA

The TCPA was approved by Congress in the early 1990s, which was meant to help consumers combat the aggressive calling tactics of telemarketers and debt collectors. Under the TCPA, companies are required to keep a do-not-call registry and to honor individuals’ request for no contact for up to five years.

Companies must disclose the fact that consumers can choose to opt out of their initial approval of spam calls or text messages, and then must add the consumers to the list and stop calling them.

Other requirements of the TCPA include only calling during reasonable daytime hours, and getting express consent before using automated equipment to call or text consumers.

One of the other major requirements in the TCPA pertains to the use of automated dialing systems, which generate and place calls to random phone numbers. While these devices are legal under the TCPA, the policy only allows for them when the specific consumer gives permission to the company to use them.

Companies that do not follow the TCPA can face damage awards of between $500 to $1,500 per unwanted phone call or text message, depending on whether willful violation can be proven.

Consumers who are considering filing a TCPA lawsuit should keep a log of all relevant phone calls and record the following information:

• Date and Time of Call
• Summary of Call
• Whether Call was Inbound or Outbound
• Whether Prior Express Consent was Given
• Whether Prior Express Consent was Revoked
• If the Call was Placed after Consent was Revoked
• If an Automated Dialing System was Used
• Save all Voice Messages
• Do not Delete Caller ID Record

Avrohom’s TCPA Lawsuit is Case No. 3:18-cv-17118, in the U.S. District Court of New Jersey.

Join a Free TCPA Class Action Lawsuit Investigation

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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