Capital One and 3 other collection agencies have agreed to pay nearly $75.5 million to settle a consolidated class action alleging that Capital One violated the Telephone Consumer Protection Act. The lawsuit was originally filed on December 10, 2012 in federal court and alleged that Capital One used prerecorded messages and an automated dialer to call customers’ cell phones in connection with an attempt to collect on credit card debt without first receiving prior express consent from the recipients of the calls. The settlement also notes that Capital One will change its business practice and develop a calling system to prevent the calling of cell phones with an autodialer unless the recipient of the call has provided prior express consent. The final approval hearing for the settlement is scheduled for December 2, 2014.
In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”) in response to a growing number of consumer complaints regarding certain telemarketing practices. The TCPA makes it unlawful to make any calls, send any text messages, and/or send any faxes to a person or business, for commercial reasons, without that person’s express written consent. Each recipient of an unlawful call, text message, and/or fax may receive a statutory penalty of at least $500 (up to $1,500) for each violation.
The lawyers of Fitapelli & Schaffer, LLP have begun representing everyday people who have faced unwanted, endless telemarketing calls at their home, business, and/or on their mobile devices. If you are receiving unwanted telemarketing calls and want to stop them as soon as possible, then please call the lawyers of Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation. For more information about the TCPA please visit www.stoptelemarketingcalls.com.