PNC Bank Telemarketing to Cell Phones TCPA Class Action

The Telephone Consumer Protection Act (TCPA) aims to protect consumers from the nuisance and expense of telemarketing. The complaint for this class action brings suit under this law, alleging that PNC Bank, NA advertises to consumers by telephone without first getting their permission to receive such calls.

In the 1980s, automated telecommunications equipment became more and more readily available. As telemarketing became more and more of a burden to consumers, Congress sought ways to limit it. The TCPA was passed in 1991.
Of particular concern were calls made to cell phones, since cell phone owners typically pay for incoming as well as outgoing calls.
As the law stands, telemarketers may not make non-emergency calls to consumer cell phones using automatic dialing systems or artificial or prerecorded voices unless they have the consumers’ prior express written consent to receive such calls. The term “calls” includes voicemails and text messages.

In this case, plaintiff Eve Thomas began receiving telemarketing calls to her cell phone roughly a year before this complaint was filed. The calls were from PNC, and they were attempting to convince Thomas to use PNC’s consumer credit products.

The complaint alleges that PNC used an automatic dialing system. Each time Thomas answered the calls, “there was a long pause … followed by a live person saying they were with PNC.”

Thomas claims never to have given her number to PNC. In fact, she says she had never heard of PNC before they started calling.

Also, she had put her cell phone number on the National Do Not Call Registry in September 2008. Telemarketers are supposed to scrub their lists of leads before making calls so that they do not call the numbers of people who have specifically requested not to receive telemarketing.
The calls became more frequent in August and October 2019, the complaint says. At some point, it says, Thomas asked the company to stop calling her, which should have revoked any permission PNC thought it had. However, PNC kept calling.

The class for this action is all persons in the US who received any calls on their cell phones, from PNC or its agents or employees, that was not for emergency purposes, and that was made using an automatic dialing system or an artificial or prerecorded voice, between January 7, 2016 and January 7, 2020.

A subclass has also been proposed, consisting of persons from the above class who received calls after asking PNC to stop calling them.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

PNC Bank Telemarketing to Cell Phones TCPA Complaint

January 7, 2020

The Telephone Consumer Protection Act (TCPA) aims to protect consumers from the nuisance and expense of telemarketing. The complaint for this class action brings suit under this law, alleging that PNC Bank, NA advertises to consumers by telephone without first getting their permission to receive such calls.

PNC Bank Telemarketing to Cell Phones TCPA Complaint

Case Event History

PNC Bank Telemarketing to Cell Phones TCPA Complaint

January 7, 2020

The Telephone Consumer Protection Act (TCPA) aims to protect consumers from the nuisance and expense of telemarketing. The complaint for this class action brings suit under this law, alleging that PNC Bank, NA advertises to consumers by telephone without first getting their permission to receive such calls.

PNC Bank Telemarketing to Cell Phones TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer