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A federal judge in Atlanta has approved a class action lawsuit against CapitalOne filed by consumers who claim to have been bombarded by robocalls from the banking giant. According to the plaintiffs, CapitalOne robocalls were so persistent, phones were rendered unavailable for other uses.
CapitalOne fought to have the class action lawsuit dismissed by claiming that there were no real injuries involved. However, as the robocalls placed on behalf of CapitalOne were in violation of the TCPA, Judge Thomas Thrash sided with the plaintiffs and is allowing the case to proceed.
Robocalls are automated phone calls that typically contain a recorded message from a political party or telemarketer. Under the TCPA, robocalls cannot be made to cellphones without the written consent of the phone’s owner. However, as discussed previously on our blog, many companies have found creative work-arounds that allow for continued harassment of consumers.
If you believe you are being harassed or if you are receiving robocalls that you have not consented to, the Chicago consumers’ rights attorneys at Markoff Leinberger can help. Please contact us online or by calling (888) 517-9115 today to schedule a free consultation and learn more about your rights. We welcome clients living in Chicago and throughout the nation.