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Minnesota Consumer Sues Capital One over 128 Bill Collector Robocalls to Cellular Phone

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TCPA protects wireless customers from bill collector harassment.

Chaska, MNBy the middle of 2017, after more than 128 bill collector harassment calls Kristie Drigger had had enough. She sued Capital One Bank in Minnesota District Court, seeking at least $1,500 per telephone call made in violation of the Telephone Consumer Protection Act (TCPA).

The underlying facts of her lawsuit suggest an apparent willfulness with which big banks, like Capital One, continue to violate the requirements of TCPA. Nonetheless, challenges to the FCC’s 2015 Order dealing with the standards for consent and revocation, now pending in the DC Circuit Court may complicate the situation for plaintiffs in nuisance call lawsuits of the future.

Protection from illegal robocalls



The TCPA and related laws bar most autodialed or prerecorded calls, texts and faxes made without prior express consent. But many people are not aware that they have consented – the agreement may be buried in a loan document or may be inferred, in a retail situation, from an agreement to receive text messages about discounts or sales. The situation is particularly painful for consumers with wireless phones if they are charged for incoming calls.

In her complaint, Kristie Drigger alleges that (whatever agreements she had previously made, intentional or not) she explicitly revoked her consent to receive autodialer calls from Capital One in March 2016. In the year that followed, she received at least 128 collection calls. She believed that they were automatically dialed for two reasons: they were very frequent and she often had the experience of hearing “dead air” before a human voice weighed in.

If proved at trial, these facts would point to a clear violation of law.

All the traffic will bear



A quick review of bank and retailer TCPA complaints suggests that Kristie Drigger’s situation is not unique. Almost 20 years ago, the Minnesota Attorney General sued US Bancorp for selling customer account information to MemberWorks, a telemarketing company. Since then, the Minnesota Attorney General has published a fact sheet designed to protect consumers from similar abuses.

The federal situation is also very much in flux. In 2017, several courts held that a recipient of an autodialed call may not revoke consent where consent was included as a term in the underlying contract between the recipient and the company placing the calls. The FCC is now under the leadership of new Chairman, Ajit Pai. Their posture is regarded as business friendly, but it is unclear what steps the FCC may take.

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READER COMMENTS


Posted by

on
Same issues I was having with Capital one.I jhave gotten over 20 or more calls after being told not to calll no more which is a violation of TCPA act and suits can range from$500 to $1,500 per violation. So document all times , name sof peoples and dates , this is once you have told them to stop calling.I currently have a consumer rights lawyer assisting me in this matter as well and I have visual voivemail thru T mobile which records the cal and send it via words to my emails .But again only after you have told them to stop calling you can reach a suit or usually settlement and Sychrony bank is always under the radar as well for same reasons.So they will investigate and see the date you told them to stop calling and basically offer you $500 times the amount of call gotten after you have told them them so in this 125 times $500 they will probably settle for unless you go for a class action suit which even tho youll be the class rep , it doesn't always mean you will get more, cause I have been class rep in other types of class actions.So I personally would take the a more then likely guaranteed settlement 128 times $500 = 96,000.00 or you can sue for up too $1,500 maximum and may get more depending on records and the judge.But records all records dates times,names etc it will only help your case more

Posted by

on
I had 2 credit cards from Capital One for years & always paid on time. However in 2011 I became disabled but continued to pay until 2012 when I filed for disability. I started receiving robo calls in 2015 & they contend until 2017. I started receiving my disability in October 2016 but by then my balances had almost doubled. They filed a lawsuit against me, however later dropped it when I filed my answer.

Posted by

on
Capitol One also employs a predatory law firm in Minnesota Who have twice tried to steal my Social security money from my bank account after being sent proof of my income and fully knowing they can't garnish SS benefits. This is clearly harassment of a disabled elderly person.

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