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Discover Financial Services Unwanted Telemarketing Calls TCPA Class Action

Discover Financial Services, Inc., this complaint alleges, violates the Telephone Consumer Protection Act (TCPA) by telemarketing to consumers who have not given it permission to do so. The complaint alleges that the company made repeated calls to the plaintiff in this case using automatic dialing systems, even after he had changed his telephone number.

Around May 18, 2021, the complaint alleges, Discover began calling plaintiff Marlon Romero’s landline, in an attempt to get him to use its services.

The complaint claims that Discover “continued to call [Romero’s] landline telephone practically daily to solicit its services from multiple different phone numbers … even after [Romero] changed his phone number to a new number…”

Romero is not a customer of Discover. He claims he has never used its services and has never given it any of his personal information, including his cell phone numbers, for any purpose.

On at least one call, Romero told the company to stop calling him. In addition, Romero’s number was registered on the National Do Not Call Registry for at least thirty days before Discover contacted him. Businesses must scrub their call lists of any numbers on this registry before making their telemarketing calls.

The TCPA requires that businesses may not place non-emergency telephone calls to consumer cell phones using automatic dialing systems or an artificial or prerecorded voice unless they have the consumers’ prior express written consent to receive such calls. The complaint alleges that Discover never received any such consent from Romero.

Oddly, the complaint switches in different places from calls to landlines to calls to cell phones. It is unclear whether the original rules and regulations pertaining to consumer cell phones now apply to consumer landlines as well or whether something else was intended.

The complaint alleges both negligent and knowing or willful violations of the TCPA. For the negligent violations, the complaint asks for statutory damages of $500 for each call placed in violation of the TCPA. For the knowing or willful violations, the complaint asks for treble statutory damages of $1,500 per call placed in violation of the law.

The class for this action is all persons in the US who received one or more telephone calls from Discover to their cell phones, made through the use of an automatic telephone dialing system or an artificial or prerecorded voice, where the persons had not previously consented to receiving such calls between June 3, 2017 and June 3, 2021.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Discover Financial Services Unwanted Telemarketing Calls TCPA Complaint

June 3, 2021

Discover Financial Services, Inc., this complaint alleges, violates the Telephone Consumer Protection Act (TCPA) by telemarketing to consumers who have not given it permission to do so. The complaint alleges that the company made repeated calls to the plaintiff in this case, even after he had changed his telephone number.

Discover Financial Services Unwanted Telemarketing Calls TCPA Complaint

Case Event History

Discover Financial Services Unwanted Telemarketing Calls TCPA Complaint

June 3, 2021

Discover Financial Services, Inc., this complaint alleges, violates the Telephone Consumer Protection Act (TCPA) by telemarketing to consumers who have not given it permission to do so. The complaint alleges that the company made repeated calls to the plaintiff in this case, even after he had changed his telephone number.

Discover Financial Services Unwanted Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Telephone Calls, Use of Automatic-Capable Dialer