New York, NY: TD Bank USA NA is facing a class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) in that the bank repeatedly calls account holders, sometimes up to 10 times a day, without their consent.
According to the lawsuit, plaintiff Charlene Martinez alleges she received multiple automated calls on a private number from TD Bank in regard to her Target credit card in April, after the bank's purchase of Target's consumer credit card portfolio. Those calls, made to her cellphone and without her consent, violate the TCPA.
Under the terms of the TCPA, it is illegal for companies to use automated dialing equipment to call cellphones or any phone that charges the call's recipient for the incoming call.
The complaint states TD "knew it was using an automatic telephone dialing system, knew it was placing calls to [Martinez'] cellular telephone number and knew it was doing so without her prior express consent."
Martinez states that she has had a Target credit card since 2007 and that she received two automated calls on the same day in April 2015. After answering the second call, Martinez spoke with a bank representative about the calls, stating she was being contacted on her cellphone, which she had not given the bank permission to do. However, the day after contacting the bank, she received a call from the same number.
Plaintiffs are seeking injunctive relief and statutory damages of $500 per violation of the TCPA. Martinez is represented by Stefan Coleman of Law Offices of Stefan Coleman LLC, Daniel G. Shay of the Law Office of Daniel G. Shay, and Rafey S. Balabanian, Benjamin H. Richman and J. Dominick Larry of Edelman PC.
The case is Martinez v. TD Bank USA NA, case number 1:15-cv-07712, in the U.S. District Court of New Jersey, Camden Division.
