PNC Bank, N.A. is facing a proposed class action lawsuit in California over allegations that it placed illegal telemarketing calls without the express written consent of consumers.
According to the lawsuit, the lead plaintiff received multiple calls from the defendant encouraging her to buy consumer credit products. These calls allegedly featured artificial or prerecorded voice messages and were placed using automated telephone dialing system (ATDS) technology. Despite having her number listed on the National Do-Not-Call Registry (DNC) since 2008, the plaintiff claims that PNC has continued to contact her, even after she specifically requested that the calls stop.
Under the Telephone Consumer Protection Act (TCPA), businesses are not permitted to make telemarketing calls that are placed by an ATDS or feature artificial or prerecorded voices without the express written consent of the called party, the lawsuit explains. The case claims that PNC ran afoul of these requirements when it failed to secure the plaintiff’s consent before contacting her and continued to call after she asked the bank to stop.
The lawsuit looks to represent a class comprising all persons in the U.S. who received a non-emergency call from PNC on their cellphones, made through the use of an ATDS or with an artificial or prerecorded voice, within four years prior to the filing of the complaint. The suit also looks to represent a subclass of similarly situated consumers who explicitly requested an end to PNC’s calls, yet continued to receive these calls.