Woman says Credit One Financial violated TCPA

By Kyla Asbury | Feb 6, 2015

CLARKSBURG – A woman is using Credit One Financial for violating the Telephone Consumer Protection Act.

In 2014, Credit One began placing telephone calls to Jessica Dodd's personal cell phone, according to a complaint filed Feb. 2 in the U.S. District Court for the Northern District of West Virginia.

Dodd claims based on the frequency, number, nature and character of these calls, the defendant used an automatic telephone dialing system or other equipment capable of storing and/or producing telephone numbers to call her.

These calls were related to a debt Dodd allegedly owed to the defendant, according to the suit.

Dodd claims in August, she instructed the defendant to stop calling her and repeated this instruction at least twice. She claims her husband also requested the defendant to stop calling.

"Plaintiff revoked any consent, actual or implied, for defendant to use an auto dialer to call her cell phone," the complaint states.

The defendant continued to use an auto dialer to call her cell phone, according to the suit, and since Oct. 9, has called her at least 86 times.

Dodd claims the defendant did not have her express consent to use an auto dialer to place the calls to her cell phone.

The defendant violated the Telephone Consumer Protection Act, according to the suit.

Dodd is seeking statutory damages of $500 for each and every negligent violation of the TCPA and $1,500 for ever knowing and/or willful violation of the TCPA. She is being represented by Ann Marie Morelli of Morelli Law.

The case is assigned to District Judge Irene M. Keeley.

U.S. District Court for the Northern District of West Virginia case number: 1:15-cv-00017

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