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Fifth Third Bank Telephone Consumer Protection Act Lawsuits
By Deb Hipp
Lawsuits have been filed against Fifth Third Bank, alleging that the bank violated the Telephone Consumer Protection Act (TCPA) by using an automated telephone dialing system to "robocall" consumers in an attempt to perform telemarketing or collect on a credit card debt. Robocalls and telemarketing calls are currently the number one source of consumer complaints to the Federal Communications Commission (FCC). If you have received calls to your cell phone made by an automated dialing system, you may be able to file a lawsuit for TCPA violations.
The Telephone Consumer Protection Act was enacted in 1991 to protect consumers from unsolicited pre-recorded or autodialed telephone calls, text messages or faxes. The law was aimed initially at telemarketers. However, the TCPA also now specifically prohibits calls from companies to all wireless devices without the recipient's permission. Additionally, the TCPA prohibits companies from calling customers after the recipient of the call requests that the company cease the calls.
Telephone Consumer Protection Act
The FCC requires private robocallers to have prior consent to use automated telephone dialing to robocall or text your cell phone. Consumers can also register their numbers with the Federal Trade Commission's national Do Not Call list, which requires legitimate telemarketers to stop calling you.
In Dec. 2013, Fifth Third Bank settled a class action lawsuit Gary Hanley et al v. Fifth Third Bank, Case No. 1:12-cv-01612, US District Court, Northern District of Illinois, Eastern Division for alleged TCPA violations for $4.5 million. Class members claimed that Fifth Third placed calls to class members' cell phones using an automated telephone dialing system after being told by the consumers to stop the calls.
Fifth Third Bank TCPA Class Actions
In May 2014, another class action for TCPA violations Mark Fitzhenry et al v. Fifth Third Bank, Case No. 2:14-cv-02076, US District Court, District of South Carolina was filed against Fifth Third Bank. In that lawsuit, the plaintiff claimed that Fifth Third Bank placed computer-dialed telemarketing calls to the lead plaintiff without his consent. The parties settled the lawsuit in Dec. 2014 for an undisclosed amount, according to court records.
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