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US Bank Revoked Consent and Unwanted Cell Phone Calls TCPA Class Action

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US Bank Building

Plaintiff Virginia Guiette asserts that the call she received from US Bank, NA were violations of the Telephone Consumer Protection Act (TCPA).

The class for this action is all persons within the US who received on their cell phones a non-emergency call from US Bank made through the use of an automatic dialing system and/or artificial or pre-recorded voice after the persons had revoked any consent to receiving such calls between December 4, 2013 and December 4, 2017.

The complaint quotes a the decision in a 2012 case as saying, “Voluminous consumer complaints about abuses of telephone technology—for example, computerized calls dispatched to private homes—prompted Congress to pass the TCPA.” Congress decide that the only way to protect consumers from the barrage of telemarketing calls made possible by technological advances was banning such calls entirely.

Calls and texts to cell phones were a particular concern, since cell phone owners usually pay for incoming as well as outgoing calls, making unwanted calls an expense as well as a nuisance. The TCPA forbids companies from making non-emergency calls to consumer cell phones using automatic dialing systems or artificial or pre-recorded voices unless they have received the consumers’ prior express written consent.

The complaint for this class action claims that US Bank called plaintiff Guiette’s cell phone repeatedly, between August 2015 and April 2017, using an automatic dialing system, and that it left multiple voicemail messages created using artificial or pre-recorded voices.

According to the complaint, if the bank believed it had any kind of prior consent to its calls, Guiette revoked it by saying over and over again that she did not wish to receive any further calls from it, including during two separate calls the bank made to her on February 18, 2017.

When the bank called again on March 20, 2017, Guiette asked the representative if her account file showed her previous requests for the bank to stop calling. According to the complaint, the representative said it did but that the bank does not pay attention to notes like that.

The complaint claims that the violations of the TCPA were therefore both negligent and willful, and asks the court to award statutory damages, injunctive relief, and any other relief the court deems just and proper. 

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