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NJ Man Sues Chase for 'Willful' Disregard of the TCPA

TMCnews Featured Article


November 26, 2014

NJ Man Sues Chase for 'Willful' Disregard of the TCPA

By Mae Kowalke, TMCnet Contributor


Predictive dialers deliver massive value in that they can automate the process of trying to reach a customer by phone, deliver pre-recorded messages such as appointment reminders, and reduce agent down-time. But businesses that use predictive dialers also need to be mindful of applicable laws.


This is especially true when it comes to the Telephone Consumer Protection Act (TCPA), which limits how and under what circumstances businesses can use auto dialers. Both firms and their predictive dialers need to pay strict attention to these regulations.

A cautionary tale comes in the form of a recent lawsuit against financial juggernaut J.P. Morgan Chase by a Wayne, New Jersey, resident.

The plaintiff is suing J.P. Morgan Chase in federal court for repeatedly dialing his cell phone with an automated calling system in an effort to collect a debt, according to the NorthJersey.com. The plaintiff alleges that he told the financial services firm that he could not repay the debt at that time due to financial difficulty, and that he asked the company to stop calling him.

"Each call placed ... was made in knowing and/or willful violation of the TCPA, and subject to treble damages," the complaint stated.

The plaintiff received roughly 40 calls, according to his lawyer, about 10 of which were placed after he had asked J.P. Morgan Chase to stop.

The calls made after he told the company to stop were “willful” and more serious violations of the law, according to the lawsuit.

The plaintiff is asking for statutory damages of $500 for each violation and three times that amount for each willful violation.

The automated calls to his cell phone would sometimes play a pre-recorded message, sometimes only have silence on the other end, the suit alleges.

The suit highlights the perils of neglecting the TCPA, and using automated dialers indiscriminately. While auto dialers can save time and money, they also can be used inappropriately.

As Spider-Man comics have taught us, “With great power comes great responsibility.” This is definitely the case regarding predictive dialers.

 







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