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Credit One Bank Prerecorded Calls Violate the TCPA Class Action

Telemarketing is not illegal, but the Telephone Consumer Protection Act (TCPA) puts limitations and requirements on its practice. The complaint for this class action alleges that Credit One Bank, NA violated the TCPA when it place prerecorded calls to consumers.

The class for this action is all persons in the US who, between January 29, 2017 and January 29, 2021, were sent a prerecorded message from Credit One Bank, NA or anyone acting on its behalf, to a residential or cell phone number, that was not made for emergency purposes and for which Credit One did not have the recipient’s express consent.

The Federal Communications Commission (FCC) sets out the rules and regulations to implement the TCPA. “According to the FCC’s findings,” the complaint says, “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.” Also, wireless customers typically pay for incoming as well as outgoing calls.

The legal upshot is that telemarketers are prohibited from calling a residential or cell phone number, using artificial or prerecorded voices, unless the call is for emergency purposes, or unless they have the called party’s prior express written consent. Consent may be revoked at any time.

Plaintiff Adriane Jefferson began receiving prerecorded calls from Credit One on her cell phone in early December 2020. Sometime around the end of that month, she told a representative of Credit One to stop calling her.

However, Credit One continued to call, and made three or four additional calls before it stopped.

Credit One did not have Jefferson’s consent to make these calls. Furthermore, even if the company believed it had her consent, she revoked it when she told the representative to stop calling her.

The complaint alleges that the calls “caused [Jefferson] harm, including invasion of privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.”

If such calls are made negligently, the law provides for $500 in damages for each call. If they are made knowingly and willfully, the law provides for up to $1,500 in damages for each call.

The complaint asks for both amounts, plus a declaration that Credit One’s actions violate the TCPA and an injunction forbidding them to continue with their actions, as well as “[s]uch further and other relief as the Court deems necessary.” Finally, the complaint directs Credit One to preserve all records related to the calls and matters related to this case.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Credit One Bank Prerecorded Calls Violate the TCPA Complaint

January 29, 2021

Telemarketing is not illegal, but the Telephone Consumer Protection Act (TCPA) puts limitations and requirements on its practice. The complaint for this class action alleges that Credit One Bank, NA violated the TCPA when it place prerecorded calls to consumers.

Credit One Bank Prerecorded Calls Violate the TCPA Complaint

Case Event History

Credit One Bank Prerecorded Calls Violate the TCPA Complaint

January 29, 2021

Telemarketing is not illegal, but the Telephone Consumer Protection Act (TCPA) puts limitations and requirements on its practice. The complaint for this class action alleges that Credit One Bank, NA violated the TCPA when it place prerecorded calls to consumers.

Credit One Bank Prerecorded Calls Violate the TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of artificial or pre-recorded voice