Recent TCPA cases involving unauthorized calls using auto dialers or robo calls
TCPA lawsuit against Avant, Capital One, Cash Central and LendingClub – The Kittell Law Firm recently filed a Telephone Consumer Protection Act lawsuit in the Circuit Court of Hinds County, Mississippi against Avant, Inc., Capital One Bank (USA), N.A., Cash Central of Mississippi, LLC and LendingClub Corporation. The lawsuit alleges that Avant, Capital One, Cash Central and LendingClub each made calls to our client’s cell phone using an auto dialer as well as a recorded message to begin each call. Our client had previously revoked any consent he had given to the Defendants to make such calls. Avant, Capital One, Cash Central and LendingClub allegedly made over 600 calls to our client’s cell phone in an eight month period using an auto dialer and a recorded message. Calling a consumer’s cell phone while using either an auto dialer or a recorded or artificial voice violates the Telephone Consumer Protection Act, 47 U.S.C. 227, and can result in statutory damages of $500 to $1500 per violation, if the calls were made without express consent.