On June 4th the Capital One TCPA suit was filed against Eric D., a small business owner, by the FTC. Eric D. received numerous phone calls from Capital one calling him at work, is harassing him in his home, and is stealing his personal information. Complaint was filed on Eric D.’s behalf with the United States Federal Trade Commission.
A case was filed against Capital one for violating the Telephone Consumer Protection act, which says that it has the right to contact consumers to inform them about pending changes or to correct errors in their accounts, and that it has the right to call consumers at work to notify them of any account issues, and that it has the right to call consumers at home to remind them of the services and the fees they are responsible for paying. Eric D.’s complaint alleged that Capital one violated both of these rights in violation of the FTC Act. In addition, the complaint alleged that Capital one made several other calls to Eric D.’s cell phone and told him that his account was delinquent or in default of an account maintenance, which was untrue.
In response to the complaint the Federal Trade Commission has opened a case against Capital one bank (USA). Complainant Eric D. filed a complaint against Capital one bank (USA) on July 5th in Federal Court, accusing it of using harassment tactics in violation of the Telephone Consumer Protection act. Eric D. is represented by attorney Michael Tymkovich, who is currently representing a number of consumers in Capital one TCPA lawsuit.
Tymkovich explained that he is representing a group of individuals that were affected by Capital one telemarketers. Tymkovich is currently representing more than twenty-one clients in the Capital one TCPA lawsuit. In order to prevent the lawsuit from proceeding to discovery Tymkovich will agree to settle the case in which case he would not be required to reveal the names of the clients involved.
Tymkovich stated that the goal of this settlement is to avoid the need for the discovery process. In addition, the settlement will prevent further embarrassment of the customers and Capital one employees by allowing them to continue to enjoy their privacy while the litigation is proceeding. Also, the proposed settlement prevents Capital one from denying liability on its part in the matter.
The complaint states that Capital one representatives call customers who have complaints about their accounts and threaten to take legal action. Additionally, the complaint states that representatives often call the wrong person and fail to list all of the information provided to them and threaten to sue the individual for attempting to collect the amount they owe. The complaint states that Capital one representatives often call customers that have late or non-sufficient payments when the accounts do not actually have balances and then demand immediate payment of their debt.
In response to Tymkovich’s complaints of the plaintiffs’ attorney says that the FTC has determined that these complaints were unfounded and is going to file a complaint against Capital one to the FTC’s Office of Dispute Resolution. The complaint will also ask the ODR to investigate the practices used by Capital one to avoid further violations of the FTC Act. Also, the complaint says that the ODR investigation will investigate whether Capital one violated the Telephone Consumer Protection Act.
Tymkovich said that the complaint was sent to the ODR by a law firm specializing in consumer law. Tymkovich states that the Federal Trade Commission is expected to respond and the complaint will be filed on the ODR website. and on the Federal Trade Commission website.
