A TCPA lawsuit alleges that a plaintiff suffered actual harm, including aggravation, nuisance, and an invasion of privacy as a result of a telemarketer’s solicitation calls. A civil litigation attorney can help people who are being harassed by unsolicited phone calls from telemarketers.
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Plaintiff Claims Harassing Phone Calls Disrupted His Life
According to the lawsuit, filed in April 2016, the plaintiff began to receive unsolicited calls on his cell phone from Synchrony Financial, the largest provider of private label credit cards in the United States. The defendant used an automatic telephone dialing system (ATDS) to contact the plaintiff without the plaintiff’s prior expressed written consent. The plaintiff was finally able to talk with a representative of the defendant whom he told repeatedly that they had reached a wrong number.
The plaintiff was a PhD candidate at the time the defendant was placing the calls to his cell phone. The calls were disruptive, unwanted, and distracted the plaintiff from his studies and daily routine, as well as a violation of the Telephone Consumer Protection Act (TCPA), the lawsuit claims. Nevertheless, the calls did not cease and the defendant ignored the plaintiff’s multiple requests for the calls to stop.
Under the TCPA, individuals must provide express consent to receive certain types of calls and have the right to tell these companies, including debt collectors, to stop calling. Under the TCPA, companies must abide by do-not-call requests and consumers may revoke their permission to receive robocalls at any time. This also applies to debt collectors – who must stop calling upon request even if the consumer is still indebted to the company – and any company that has been told that it has the wrong number.
This TCPA lawsuit follows a 2015 settlement involving the Capital One Financial Corp. who agreed to pay $75 million to resolve a TCPA lawsuit alleging the company committed TCPA violations by employing an ATDS and/or prerecorded robocalls to contact consumers’ cell phones without the prior express consent of the recipients.
The plaintiff is seeking an injunction requiring the defendant to cease all unsolicited calling activities to consumers and an award of statutory damages equal to $500.00 per violation, together with court costs, attorneys’ fees and treble damages (for knowing and/or willful violations).
Affected Parties May be Entitled to Compensation
When a company engages in a harassing campaign of phone calls attempting to solicit business or to collect a debt, or otherwise commits deceptive trade practices under the TCPA, that company could be liable for certain damages that result. In this TCPA lawsuit, if the allegations of telephone harassment and unsolicited calls against the company are proven, parties may be able to recover compensation.
Affected consumers are encouraged to seek the advice of an experienced attorney to learn more about their rights and remedies.
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