Credit One Bank and Credit One Financial TCPA Violations

Credit One Bank , a subsidiary of Credit One Financial, is facing several TCPA lawsuits and TCPA class action lawsuits over alleged Telephone Consumer Protection Act violations as well as violations of the Fair Debt Collection Practices Act. Many TCPA robocalls lawsuits and TCPA violationscan result in multi-million dollar class action settlements.

Consumers have filed telemarketing lawsuits claiming they are being harassed by robocalls from Credit One, in violation of the Telephone Consumer Protection Act (TCPA) of 1991.

Credit One is a nationally chartered bank headquartered in Las Vegas, Nevada and is a subsidiary of Credit One Financial, which is a subsidiary of Sherman Financial Group, LLC. Credit One services millions of cardholders across the US.

The Telephone Consumer Protection Act (TCPA) is a federal law that makes it illegal to call someone's cell phone using a robo-dialer unless the caller has the express prior consent of the person called. Violations carry a statutory damages of $500 per call which can be trebled to $1,500 per call if the calls were made "knowingly and willfully." These damages go directly to the complainant/consumer.

The TCPA makes it unlawful "to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or pre-recorded voice . . . to any telephone number assigned to a . . . cellular telephone service." As of October 16, 2013, the TCPA requires callers using auto-dialers or artificial or prerecorded voice messages to obtain prior express written consent for commercial calls to cellular telephone lines, including SMS or text messaging calls. Prior express written consent is also required, as of October 16, 2013, for calls made to residential telephone lines using an artificial or prerecorded voice message.

The Federal Communications Commission (FCC), has issued rules expanding the scope of consumer protections offered by the TCPA in order to reflect and counteract the increasing aggressiveness and persistence with which marketers, scam artists, collection agencies, and others have employed auto-dialing, or robocall technologies. In June 2015 the FCC further expanded consumers' rights under the TCPA.

The TCPA regulates the use of auto/predictive dialers, which are used to initiate pre-recorded voice messages, faxes and SMS text messages. Here is more about the Telephone Consumer Protection Act (TCPA) and restrictions of phone use.

Debt collectors may violate federal law if they engage in any of the following practices:

• Communicate with your friends, relatives, co-workers, or individuals other than yourself on multiple occasions
• Disclose to others that you owe a debt;
• Communicate with you at odd times or places without your consent;
• Make repeated phone calls to you with the intention of harassing you or communicate with you in a harassing or abusive manner;
• Communicate with you in a false or misleading manner;
• Call a cellular phone using an automatic dialing machine or a recorded message without express authorization.

A class action against Credit One Bank, currently pending in federal court in Chicago, was filed by A.D., a minor, in December 2014 after receiving "at least twelve calls at different times" from Credit One to her cellular phone. In 2003, A.D.’s mother, Judith Serrano, opened a credit card account with Credit One in 2003 but A.D. is not an account holder and is not named on her mother's account.

A.D. alleges that Credit One violated the TCPA by repeatedly calling her on her cellular phone without her consent, using an automated dialer, ostensibly to collect on a debt she did not owe. According to Ankcorn Law Firm, lead counsel in the class action, Credit One made more than 1.3 billion phone calls to people on their cell phones in the US. From July 2015 through November 2015, Credit One called 144,000 people more than 500 times per person.

In August 2016 several California residents filed a class-action suit against the Las Vegas debt collector alleging it has called some of them more than 2,000 times. Kelly Benson, Naomi Blocker, Debra Boden, et al. filed a complaint in the U.S. District Court for the Southern District of California against Credit One Financial, doing business as Credit One Bank, alleging it violated the TCPA and Rosenthal Fair Debt Collection Practices Act.

The plaintiffs claim that from 2011 to 2015 they received several calls daily from the defendant in an attempt to collect on alleged consumer debts they owed. The suit states these calls were made by an automatic telephone dialing system and a pre-recorded voice. The plaintiffs hold Credit One Financial responsible because the defendant allegedly violated the rights of the plaintiffs through dissented calls, harassed plaintiffs with collection calls using an automatic dialing system and disrupted plaintiffs’ daily activities and the enjoyment of their personal lives. Case number 3:16-cv-02095

Rhonda Hiemstra filed a complaint in October 2016 in the U.S. District Court for the Eastern District of California against Credit One, alleging that they violated TCPA through intrusive and unwanted calls. Hiemstra claims that she never had any business relationship with the defendants and does not know the alleged debtor they were trying to contact through her cellular telephone. According to the complaint, “ Despite the several times she informed the defendants, they continued calling her almost on a daily basis and multiple times throughout the day, frequently using an auto-dialer or an automated voice, thereby causing plaintiff to suffer from invasion of privacy, annoyance and harassment.” Case number 2:16-cv-02437

In Rice v Credit One Financial filed in 2015, Rice alleged that Credit One violated the TCPA by placing calls to her cell phone in an attempt to collect the past-due balance on her credit card (she had not made payments on her account since July 2014, and the unpaid balance is $644.63.) Credit One argues that plaintiff is precluded from pursuing her claims by a written arbitration agreement. No. 5:15cv130

According to a complaint filed in February 2015 in the U.S. District Court for the Northern District of West Virginia, Credit One began placing telephone calls to Jessica Dodd's personal cell phone in 2014. Dodd claims that, based on the frequency, number, nature and character of these calls, the defendant used an automatic telephone dialing system or other equipment capable of storing and/or producing telephone numbers to call her. The suit claims that these calls were related to a debt Dodd allegedly owed to Credit One.

Dodd said that she instructed the defendant to stop calling her and repeated this instruction at least twice. She claims her husband also requested the defendant to stop calling. Dodd is seeking statutory damages of $500 for each and every negligent violation of the TCPA and $1,500 for ever knowing and/or willful violation of the TCPA. Case number: 1:15-cv-00017

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Last updated on May-10-17