JPMorgan Chase & Co. has been hit with a proposed class action lawsuit that claims the financial institution placed illegal telemarketing calls to consumers’ cell phones without first obtaining consent to do so.
According to the case, the lead plaintiff on February 25, 2020 received a call from the defendant that used a prerecorded message to advertise the bank’s AARP-branded credit card. The complaint contends, however, that the plaintiff never consented to receive the marketing call, which the plaintiff believes was also sent to “several thousands” of other consumers.
The suit explains that under the Telephone Consumer Protection Act (TCPA), companies are forbidden from placing marketing calls that feature an artificial or prerecorded voice without first obtaining the prior express written consent of the intended recipient. In order to obtain express written consent, companies must provide a “clear and conspicuous disclosure” informing consumers of the consequences of providing consent to receive telemarketing calls. This form must then be agreed to “unambiguously” and signed by the intended recipient before a company can place telemarketing calls that feature a prerecorded voice.
The lawsuit claims JPMorgan Chase’s call disrupted the plaintiff’s daily life, took up space in his voicemail box and caused “invasion of his privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion.”
The lawsuit seeks to represent all persons in the U.S. who received a call from the defendant that featured an artificial or prerecorded voice and promoted the defendant’s AARP credit card within the past four years. The lawsuit requests an injunction prohibiting the defendant from using prerecorded messages without the express written consent of the called party.