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Credit One Bank and Credit One Financial TCPA Violations


Credit One Bank , a subsidiary of Credit One Financial, is facing several TCPA lawsuits and TCPA class action lawsuits over alleged Telephone Consumer Protection Act violations as well as violations of the Fair Debt Collection Practices Act. Many TCPA robocalls lawsuits and TCPA violationscan result in multi-million dollar class action settlements.

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Credit One Bank, FCC and TCPA Violations

Credit One TCPA Violations Consumers have filed telemarketing lawsuits claiming they are being harassed by robocalls from Credit One, in violation of the Telephone Consumer Protection Act (TCPA) of 1991.

Credit One is a nationally chartered bank headquartered in Las Vegas, Nevada and is a subsidiary of Credit One Financial, which is a subsidiary of Sherman Financial Group, LLC. Credit One services millions of cardholders across the US.

The Telephone Consumer Protection Act (TCPA) is a federal law that makes it illegal to call someone's cell phone using a robo-dialer unless the caller has the express prior consent of the person called. Violations carry a statutory damages of $500 per call which can be trebled to $1,500 per call if the calls were made "knowingly and willfully." These damages go directly to the complainant/consumer.

The TCPA makes it unlawful "to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or pre-recorded voice . . . to any telephone number assigned to a . . . cellular telephone service." As of October 16, 2013, the TCPA requires callers using auto-dialers or artificial or prerecorded voice messages to obtain prior express written consent for commercial calls to cellular telephone lines, including SMS or text messaging calls. Prior express written consent is also required, as of October 16, 2013, for calls made to residential telephone lines using an artificial or prerecorded voice message.

The Federal Communications Commission (FCC), has issued rules expanding the scope of consumer protections offered by the TCPA in order to reflect and counteract the increasing aggressiveness and persistence with which marketers, scam artists, collection agencies, and others have employed auto-dialing, or robocall technologies. In June 2015 the FCC further expanded consumers' rights under the TCPA.

The TCPA regulates the use of auto/predictive dialers, which are used to initiate pre-recorded voice messages, faxes and SMS text messages. Here is more about the Telephone Consumer Protection Act (TCPA) and restrictions of phone use.

Debt collectors may violate federal law if they engage in any of the following practices:
  • Communicate with your friends, relatives, co-workers, or individuals other than yourself on multiple occasions
  • Disclose to others that you owe a debt;
  • Communicate with you at odd times or places without your consent;
  • Make repeated phone calls to you with the intention of harassing you or communicate with you in a harassing or abusive manner;
  • Communicate with you in a false or misleading manner;
  • Call a cellular phone using an automatic dialing machine or a recorded message without express authorization.


Credit One Class Action Lawsuits

A class action against Credit One Bank, currently pending in federal court in Chicago, was filed by A.D., a minor, in December 2014 after receiving "at least twelve calls at different times" from Credit One to her cellular phone. In 2003, A.D.’s mother, Judith Serrano, opened a credit card account with Credit One in 2003 but A.D. is not an account holder and is not named on her mother's account.

A.D. alleges that Credit One violated the TCPA by repeatedly calling her on her cellular phone without her consent, using an automated dialer, ostensibly to collect on a debt she did not owe. According to Ankcorn Law Firm, lead counsel in the class action, Credit One made more than 1.3 billion phone calls to people on their cell phones in the US. From July 2015 through November 2015, Credit One called 144,000 people more than 500 times per person.

In August 2016 several California residents filed a class-action suit against the Las Vegas debt collector alleging it has called some of them more than 2,000 times. Kelly Benson, Naomi Blocker, Debra Boden, et al. filed a complaint in the U.S. District Court for the Southern District of California against Credit One Financial, doing business as Credit One Bank, alleging it violated the TCPA and Rosenthal Fair Debt Collection Practices Act.

The plaintiffs claim that from 2011 to 2015 they received several calls daily from the defendant in an attempt to collect on alleged consumer debts they owed. The suit states these calls were made by an automatic telephone dialing system and a pre-recorded voice. The plaintiffs hold Credit One Financial responsible because the defendant allegedly violated the rights of the plaintiffs through dissented calls, harassed plaintiffs with collection calls using an automatic dialing system and disrupted plaintiffs’ daily activities and the enjoyment of their personal lives. Case number 3:16-cv-02095

Other Credit One TCPA Violations Lawsuits

Rhonda Hiemstra filed a complaint in October 2016 in the U.S. District Court for the Eastern District of California against Credit One, alleging that they violated TCPA through intrusive and unwanted calls. Hiemstra claims that she never had any business relationship with the defendants and does not know the alleged debtor they were trying to contact through her cellular telephone. According to the complaint, “ Despite the several times she informed the defendants, they continued calling her almost on a daily basis and multiple times throughout the day, frequently using an auto-dialer or an automated voice, thereby causing plaintiff to suffer from invasion of privacy, annoyance and harassment.” Case number 2:16-cv-02437

In Rice v Credit One Financial filed in 2015, Rice alleged that Credit One violated the TCPA by placing calls to her cell phone in an attempt to collect the past-due balance on her credit card (she had not made payments on her account since July 2014, and the unpaid balance is $644.63.) Credit One argues that plaintiff is precluded from pursuing her claims by a written arbitration agreement. No. 5:15cv130

According to a complaint filed in February 2015 in the U.S. District Court for the Northern District of West Virginia, Credit One began placing telephone calls to Jessica Dodd's personal cell phone in 2014. Dodd claims that, based on the frequency, number, nature and character of these calls, the defendant used an automatic telephone dialing system or other equipment capable of storing and/or producing telephone numbers to call her. The suit claims that these calls were related to a debt Dodd allegedly owed to Credit One.

Dodd said that she instructed the defendant to stop calling her and repeated this instruction at least twice. She claims her husband also requested the defendant to stop calling. Dodd is seeking statutory damages of $500 for each and every negligent violation of the TCPA and $1,500 for ever knowing and/or willful violation of the TCPA. Case number: 1:15-cv-00017

Credit One Bank or Credit One Financial TCPA Violations Legal Help

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READER COMMENTS

Posted by

on
They lock account .I didnt have a balance but monthly fees which I try to pay but I was lock out Now my credit score drop 88 points with no resolve, Can and how do you take legal action

Posted by

on
Annual fee is not mentioned at all throughout the application approval process. Had absolutely no idea I had a payment due until they told me.

Have yet to use the card in any way and there is a GOOGLE *SERVICES g.co/helppay#, CA listed under pending transactions. The charge is for $0.00 but I find it odd that there would be any charge at all let alone one from Google which I use only for email and nothing else.

Will update with additional information if anything changes for the better or worse.

Posted by

on
Annual fee is not mentioned at all throughout the application approval process. Had absolutely no idea I had a payment due until they told me.

Will update with additional information if anything changes for the better or worse.

Posted by

on
When I attempt to make a payment online it currently locks me out of my account every-time I go online. Additionally, it makes my payments late by a few hours then charges an outrages $39.00 or more late fee. The online service is inaccurate and causes me periodically undo late fees when I am unsuccessful in logging on while being locked out of my online account. Thanks.

Posted by

on
Hi everyone they did the same to me , locked my account and will. Or let me pay the balance. I made a complaint with the OCC and the FDIC please do this !!!!! We need to stop these india thugs ruining Americans credit !

Posted by

on
Disclosed personal information to family members calling numbers never given out and refused to take partial payment one month before closing acct and charges outrageous fees unreasonable and embarrassing

Posted by

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1st issue they had a problem with their online payment system and it said payment did not work and try later. Logged in hour later and set up payment. next day they took the payment out of my checking account twice, never could the first payment refunded. Now I just logged in online via their app and made the payment four days ahead of the due date and soon as I did it they said I need to verify the checking account that I have been using all along to make payments from. Their message said sometime in the next 4 days two small deposits will be made and then taken back. I then have to enter the amount of those two deposits in order to continue to use the bank account to make payments. It still let me schedule the payment and it shows pending, it will not let me cancel the pending payment. So now I sit and wait to see if this payment will post? and hope they make the two deposits are made before my due date, that is four days away. The other thing about this card is they take 5 to 7 days to reflect the payment made on your ava. credit line, I have never missed a payment or had a payment declined. They seem to do everything they can to make you fail so they can charge you fees. STAY AWAY from this company and CREDIT ONE credit card.

Posted by

on
The SOBs (all from India when you call) will NOT cancel my account. WTF???

Posted by

on
They have lock my account and will not verify me to access any info and the account has been hack customer is very bad and they call from random number try to collect money

Posted by

on
I had fraudulent charges on my card. I only used the card one time I reported it and was told continuously that they would take care of the charges and to call back in 90 days . Meanwhile they keep sending new bills monthly with the charges increasing consistently . By the time the company was bought out they claimed I had $550.00 dollars in interest on some online charge that they told me every 3 months would be cleared by their representatives for 1 year. Now I have a $600.00 report affecting my credit and the company has been bought out by some company called Midland who I have also sent letters to and they just keep ignoring my letters . Both companies are crooks and scams.

Posted by

on
They closed my account after I reported my card lost they said they would send me another one but instead closed my account saying "t was suspected fraud" even though my payments were timely and I had much of the balance paid for, Huge derogatory mark on my credit report. If yjry had told me that they were going to take this action I WOULD HAVE CLOSED THE ACCOUNT AND PAIG THE BALANCE I instead THEY had closed my account
. NAD Mark on my credit report. Want to sue their asses off.

Posted by

on
Credit One bank closed my account after one returned payment while I was unemployed. I have been making payments every month, however they are continuously charging late fees, do not offer auto pay, suspended my online access and will not give me my account number so that I may set up recurring payments. I received 3 robocalls within 3 hours today alone. I offered to settle the debt so I would not have to deal with them anymore and they refused!

Posted by

on
I was with this company and could never pay using their system always forced to call then they would charge a processing fee and then reverse after my statement date. They called and harassed me called family members. I stopped paying since I realized the ways they were getting that “extra” interest and I could never pay using the “standard, normal” means without being charged payment fee and then reversing after already added to my account. I want to see about different class action suits against them since not only harassing by phone, also way I had to make payments and every business tactic they used was not right right.

Posted by

on
I tried to pay my bill on line could not do it called them and they told me I will have to pay over phone and I will have to pay my monthly bill and + 15 I told them I am not paying that 15 they are a scam

Posted by

on
Yes same happened to me... Calls after calls from mean rude customer relations people... Threatening calls also.

Posted by

on
I had this service, if you've noticed the representatives. are not from USA. I've always made my payments on time.. to no avail. I have yet to settle matters with this company. They are horrible. When I asked where in the USA, they would say California... But I have questioned them a few times and they would hang up.. HORRIBLE COMPANY!!!!!!!!!!!!!!!!!! Get these SPAM ARTIST out of our Country. How dare they use USA residence to deceive us. Not good. Makes me wonder who in the USA, allowed this company to use the USA citizens? They would charge fees, when they were not supposed to... I'd like to know WHO IN THE USA ALLOWED THIS COMPANY INTO OUR USA????

Posted by

on
I want to join the suit against Credit One's illegal collection practices. They force you to only be able to make one payment every 24 hours, so then you may be forced to use their "Express Payment" service. They put a choke hold on your payment abilities so they can make money with their late fees and Express Payment fees. It's outrageous.

Also, I'm in the military and had a SCRA protected interest rate of 6% with them, which they have now raised to 25%. There should be a suit about this as well. I'd like to file it.

Posted by

on
I receive at least five phone calls per day from them, starting at approximately 8:30am, sometimes a bit earlier and they continuously call, until as late as nine in the evening. The number of calls will vary on different given days, sometimes more than five, sometimes less. If I block one number, a new one will start.
No message is ever left, and if I catch it on the last ring it is dead air....
I am working to pay my bill, but being on a disability pension sometimes things are tough.

Posted by

on
i paid for moms credit card after she passed away. got letters wanting to know about estates to get money that was already paid to thm. got a letter that claims approved for payoff credit for debt that was already paid.got several calls to get info about her account but, do have proof it was paid in full.

Posted by

on
I receive multiple calls per day from Credit one when my payment is just a day late. Even after I make a payment online, they continue to call me. Today so far, I've received 5 calls in less than 30 minutes.

Posted by

on
I have received upwards of 60 plus calls from Credit One as well as Capital One, most calls originate from Idaho but also from many other States as well, when I tried calling these numbers back, it would immediately identify which bank the call was coming from but I could never reach a real person. I beleive the credit card companies are using some type of automatic dialing system cause of the repeated unusual frequency I have been getting the calls, they call at all hours into the evenings and even the weekends. I know I owe a debt but I feel I am being harassed now. I also didn't give them permission to be calling my personal cell number.

Posted by

on
This company is just plain disgusting. They suspended my account for no reason. I’ve never been late on a payment and I’ve had it for over a year now. So now, since I can’t log in to my account to make a payment, it’s going to be late (due on the 10th) and I called and she said it’s permanently suspended and that it’s going on my credit report in the next 14 days. I asked why and she kept repeating “I understand ma’am but your account is permanently suspended” which made no sense to me. I’ve been researching ways to make my payment before the due date, but I can’t find anything except to mail it in, but it’ll be late because it’s due Saturday and it’s literally across the country. I’ve also been researching what I can do about this before it ruins my credit. I need help! They are scamming people into thinking they are building their credit with their card, but in a second that could change. I mean, why did they temporarily suspend my account 5 or so days before my payment is due? So I couldn’t pay it and they could say I’m late. Why block a person from their online account so they can’t make a payment? How does that make any sense? Don’t they want us to make payments? I’m so angry and confused about this. Any help or suggestions are greatly appreciated. Thank you!

Posted by

on
I was being harassed by this above company.

Posted by

on
I am adamant about being prompt on my credit card payments.

Last week, I had zero balance on my credit and planned to keep it that way on Credit One.

What gets me is that within less than 2 months, my credit limit was raised double, but I owed them $107. Which does not make sense. I paid that off after already made the $75 fee for the initial payment.

Now that my balance is ZERO, what I don't understand is I received a statement today that there was an interest fee charge. If you have zero balance, shouldn't that be ZERO interest?

Posted by

on
I am suing credit one bank right now they are asking me for proof that they used a Robo dialer to call .
me . just curious if you can help

Posted by

on
I kept trying to pay the minimum payment and was told several times that I couldn't make a payment without giving them my savings account number. I said I wasn't comfortable with that and have not been able to make a payment. They have added over $300 in fees and are destroying my credit score in addition to calling me all day every day from many different numbers. Most numbers are from boise but they also come from Texas, california, Pennsylvania, new jersey etc.. You call the number back and it's always credit one bank. I've asked them to stop many times.. They never will:( I thought of changing my number but they'll just find it again.

Posted by

on
I counted my phone calls from them. I get 5 calls per day. Their representatives are not friendly. Letting me know that I will get a late fee on top of another late fee. I got a statement in the mail and my monthly payment is $25. I was then advised that my monthly payment is $75. I have other bills to pay and at that time I factor the $25 within my budget. The representative didn't even wanted to walk me through the payment schedule. All I want is to be done with this so called credit card company. In addition the logo in the upper right corner. If you wipe over it... Try it out.. This in my eyes is one of the most scam credit companies.

Posted by

on
The last few times, I tried to pay my bill on their website, the website was down and would not accept my payment. I had to mail my payments and they charged me late fees.

Posted by

on
I have received approx. 25 + calls from Credit One Bank to my cellular telephone back in 2011 2012.

Posted by

on
Credit One also has called me with robocalls as well. Evaluation of tcpa personal cell phone harassment my phone.

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