A Capital One customer claims in a proposed class action lawsuit that the bank sent him at least 153 automated text messages after he expressly revoked his consent to receive such communications. Alleging violations of the Telephone Consumer Protection Act, the eight-page lawsuit claims Capital One unlawfully used an automated telephone dialing system to send text messages to its customers without permission to do so.
According to the case, the plaintiff opened a checking account with Capital One in late 2018. Shortly thereafter, the suit says, the man received from the bank an automated text message to which he replied with “STOP.” Despite the request, the bank allegedly continued sending the plaintiff unwanted messages. The plaintiff says he demanded several more times that the texts stop, and went so far as to send a letter and email to Capital One urging that the messages cease, but the bank apparently failed to comply with his requests.
The case claims Capital One violated the TCPA multiple times by sending messages to the plaintiff using an automated telephone dialing system after he revoked his consent.
The lawsuit points out that Capital One in 2014 settled “one of the largest TCPA class action lawsuits in history” yet has failed to fulfill its obligation to “overhaul its TCPA compliance procedures” as it agreed to do as part of the settlement.