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Capital One Facing Robocall Class Action Lawsuit


Lawsuits have been filed against Capital One Financial and Capital One Bank, alleging that Capital One violated the Telephone Consumer Protection Act by using an automated telephone dialing system to "robocall" consumers in an attempt to collect on a credit card debt. Robocalls and telemarketing calls are currently the number one source of consumer complaints to the Federal Communications Commission.

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Telephone Consumer Protection Act

Capital One TCPA robocall The Telephone Consumer Protection Act (TCPA) became law in 1991 to protect consumers from unsolicited pre-recorded or autodialed telephone calls, text messages or faxes. Originally, the law was aimed mainly 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 tells the company to stop phoning.

The Federal Communication Commission requires private robocallers to have prior consent to use automated telephone dialing to robocall or text your cell phone. Consumer can also register their numbers with the FTC’s Do Not Call list, which requires legitimate telemarketers to stop calling you.

Capital One TCPA Lawsuits

Capital One Financial Corporation and other defendants in 2014 reached a $75.4 million settlement in a class action filed by consumers who received automated calls from Capital One attempting to collect on a credit card debt between Jan. 18, 2008 and June 30, 2014. The $75.4 million settlement was the "largest settlement cash sum by far in the 22-year history of the TCPA," according to the preliminary settlement agreement. According to the settlement agreement, Capital One agreed to pay $73 million into the settlement fund, Leading Edge would pay almost $1 million, defendant AllianceOne would pay $1.4 million, and defendant CMS would pay more than $24,000.

An Ohio woman in May 2017 filed a lawsuit, Alicia Duris v. Capital One Bank NA, Case No. 1:17-cv-01048, US District Court, Northern District of Ohio, against Capital One, alleging that the bank called her cell phone with an automated telephone dialing system 155 times while attempting to collect a debt. Capital One allegedly never obtained Duris' consent for the automated calls to her cell phone and called her additional times after she asked the bank to stop calling.

A lawsuit was also filed in Los Angeles federal court in Feb. 2017 against Capital One, alleging that the bank called landline numbers of consumers registered on the no-call list and continued calling after those consumers told the bank to stop, according to Reuters.

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