JPMorgan Chase Unwanted Telemarketing Calls TCPA Class Action

The aim of the Telephone Consumer Protection Act (TCPA) is to protect ordinary people from the intrusions and expenses of telemarketing. The complaint for this class action alleges that JPMorgan Chase & Co. has placed unlawful calls to consumers in an attempt to market its AARP credit card, without first getting their consent to receive such calls.

The TPCA makes it unlawful for telemarketers to call consumer cell phones for non-emergency purposes, using automatic dialing systems or artificial or prerecorded voices, unless the telemarketers have gotten the consumers’ prior express written consent to receive such calls.

The regulations for the law even provide specifications on how such consent must be obtained. “To obtain express written consent for telemarketing calls,” the complaint says, “a defendant must establish that it secured the plaintiff’s signature in a form that gives the plaintiff a ‘clear and conspicuous disclosure’ of the consequences of providing the request consent …. And [the plaintiff] having received this information, agrees unambiguously to receive such calls at a telephone number the [plaintiff]designates.”

In this case, on or about February 25, 2020, plaintiff Ryan Turizo received a call on his cell phone from JPMorgan Chase. The call originated from a number owned or operated by JPMorgan Chase.

The call featured a prerecorded message, the purpose of which was to promote JPMorgan Chase’s AARP credit card. The complaint claims, “At no point in time did [Turizo] provide [JPMorgan Chase] with his express written consent to be contacted with marketing or promotional recorded messages on his cellular telephone.”

The complaint asks that the court declare that JPMorgan Chase’s actions violate the TCPA and that the company’s actions were willful and knowing. It asks further for an injunction forbidding the company “from using prerecorded messages to call telephone numbers without the prior express written consent of the called party[.]” It requests that the court award the plaintiff and the class actual, statutory damages and also the trebled damages plaintiffs may be entitled to when the violations of the law are willful and knowing, and “[s]uch further and other relief the Court deems reasonable and just.”

The class for this action is all persons in the US who, between February 27, 2016 and February 27, 2020, to whose cell phones were sent a prerecorded or artificial voice call, from JPMorgan Chase or anyone acting on its behalf, in order to promote JPMorgan’s AARP credit card.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

JPMorgan Chase Unwanted Telemarketing Calls TCPA Complaint

February 27, 2020

The aim of the Telephone Consumer Protection Act (TCPA) is to protect ordinary people from the intrusions and expenses of telemarketing. The complaint for this class action alleges that JPMorgan Chase & Co. has placed unlawful calls to consumers in an attempt to market its AARP credit card, without first getting their consent to receive such calls.

JPMorgan Chase Unwanted Telemarketing Calls TCPA Complaint

Case Event History

JPMorgan Chase Unwanted Telemarketing Calls TCPA Complaint

February 27, 2020

The aim of the Telephone Consumer Protection Act (TCPA) is to protect ordinary people from the intrusions and expenses of telemarketing. The complaint for this class action alleges that JPMorgan Chase & Co. has placed unlawful calls to consumers in an attempt to market its AARP credit card, without first getting their consent to receive such calls.

JPMorgan Chase Unwanted Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of artificial or pre-recorded voice