Under the Telephone Consumer Protection Act (TCPA), businesses must have consumers’ prior express written consent to place calls to their cell phones. However, the consumer may revoke this consent later. The complaint for this class action alleges that Capital One, NA continued to send text messages even after consent was revoked.
Under the TCPA, businesses may not place non-emergency calls to consumers’ cell phones using automatic dialing systems or artificial or prerecorded voices unless they have the consumers’ prior express written consent to receive them.
Plaintiff Robert Trepeta opened a Capital One checking account late in 2018. Shortly thereafter, Capital One began sending messages to his cell phone. The complaint claims they were sent using an automatic dialing system.
The complaint claims, “After receiving the messages, [Trepeta] texted ‘STOP’ from his cell phone to shortcodes 227898 and 728464 pursuant to the Capital One Terms and Conditions Agreement that governed his banking relationship with Capital One.” Trepeta did this multiple times, including on November 3 and November 4, 2018.
Trepeta had followed the bank’s explicit instructions to get the messages to stop, but Capital One kept sending them.
On November 5, 2018, he sent a letter by mail to Capital One, asking them to stop sending messages to his cell phone. The messages continued.
A few days later, on November 9, he sent an e-mail to Capital One, asking them to stop sending messages to his cell phone. The messages continued.
On November 27, he sent a second letter to Capital One, asking them to stop. The messages continued.
Capital One knows what the law is, the complaint claims: “In 2014, [Capital One] settled one of the largest TCPA class action lawsuits in history.” Part of the settlement required the bank to overhaul its compliance procedures. It does not seem to have done so.
The class for this action is all natural persons living in the US (a) who opened a Capital One checking account (b) between July 1, 2015 and the pendency of this case, (c) to whom Capital One then sent text messages with an automatic dialing system, (d) after the person had revoked consent for the bank to do so.
There is also a Short Code Subclass, comprised of all natural persons living in the US (a) who opened a Capital One checking account (b) between July 1, 2015 and the pendency of this case, (c) to whom Capital One then sent text messages with an automatic dialing system, (d) after the person had revoked consent by sending the message “STOP” to short code 227898 or 728464.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Capital One Consent Revoked for Text Messages TCPA Complaint
July 1, 2019
Under the Telephone Consumer Protection Act (TCPA), businesses must have consumers’ prior express written consent to place calls to their cell phones. However, the consumer may revoke this consent later. The complaint for this class action alleges that Capital One, NA continued to send text messages even after consent was revoked.
capital_one_tcpa_complaint.pdfCase Event History
Capital One Consent Revoked for Text Messages TCPA Complaint
July 1, 2019
Under the Telephone Consumer Protection Act (TCPA), businesses must have consumers’ prior express written consent to place calls to their cell phones. However, the consumer may revoke this consent later. The complaint for this class action alleges that Capital One, NA continued to send text messages even after consent was revoked.
capital_one_tcpa_complaint.pdf