FLORIDA MAN SUES BANKS ALLEGING THEY ARE VIOLATING THE TELEPHONE CONSUMER PROTECTION ACT BY CALLING HIS CELL PHONE

Fred Horenburger says that he does not have any accounts of any kind with Bank of America or Synchrony Bank. Yet, both Banks have repeatedly called his cell phone, even though he told them to stop long ago. Unable to stop the calls, Mr. Horenburger turned to The Telephone Consumer Protection Act, and filed lawsuits against the banks in The United States District Court for the Southern District of Florida.  (The cases have been assigned numbers 9:15cv80034 and 9:2014cv81600). He is seeking at least $500 for each call he alleges violated the Act, which is commonly called the TCPA.

The TCPA, makes it unlawful to use an automatic telephone dialing system, or a pre-recorded or artificial voice, when calling someone’s cell phone. Attorney Marc A. Wites of Wites & Kapetan explains that unless the recipient of the call provides consent, such a call is unlawful, no matter what the purpose of the call. In other words, the mere fact that an automated dialer, or pre-recorded or artificial voice, is used to call your cell phone, such call violates the Act regardless of the purpose of the call. The only exception under the TCPA is for emergency calls, which typically include 911 calls, or the emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency.

The TCPA provides for damages of $500 per phone call.  And, if the recipient can prove the caller willfully or knowingly violated the TCPA, a court may increase the damages up to $1,500 per call.  

Mr. Wites is one of Mr. Horenburger’s attorneys. According to Wites, “Mr. Horenburger is receiving phone calls that are intended for other people. Although he informed both Bank of America and Synchrony Bank of their errors, they keep calling and Mr. Horenburger is very frustrated.”  

Marc A. Wites

Wites & Kapetan, P.A.

4400 North Federal Highway

Lighthouse Point, FL  33064

Phone:  (954) 570-8989

Facsimile: (954) 354-0205

mwites@wklawyers.com

www.wklawyers.com

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