Finance and InsuranceTCPA Violations

Merrick Bank Robocall Lawsuit

Merrick Bank is suspected of violating the Telephone Consumer Protection Act. If you have received robocalls from Merrick Bank, please contact us by filling out the form on this page or calling 817-455-6822.
As part of their credit card offer, a condition requires that consumers give their consent to receive automated phone calls.   Requiring a person to give their consent as a condition to a contract in this manner is a violation of the TCPA.  If you have signed up with Merrick Bank for a credit card, you may be receiving annoying robocalls in violation of federal law.  Please contact us using the form on this page or call The Class Action News at 817-455-6822.  You may be part of a class action lawsuit.

Background

Customers of Merrick Bank have reported receiving automated phone calls after signing up for a credit card using the company’s pre-approved offer form. Merrick Bank mails these pre-approved offers to start a line of credit. However, the offer requires a person to consent to receive automated calls of other prescreened offers of credit from Merrick Bank and other companies.  The Merrick Bank form states that customers may opt-out of this service but they must initially consent to the robocalls as a condition of signing for a credit card.

Merrick Bank is an issuer of both Mastercard and Visa credit cards. The company serves over 1.5 million cardholders and has loaned over $2 billion since it was founded in 1997.

TCPA (The Telephone Consumer Protection Act)

The TCPA is a set of laws created by the Federal Communications Commission. It is meant to limit the use of automated telephone equipment or prerecorded voice messages. Using machines to make calls is efficient for telemarketers but is intrusive to the individuals receiving the calls.  These automatic dialing systems, or robocalls, are even more annoying when the same telemarketers repeatedly call you.

One of the most important rules in the TCPA is the requirement that companies obtain your prior express written consent before making autodialed or prerecorded calls to individuals. The written agreement must clearly inform the consumer that by agreeing, you are allowing that company to robocall you.  Even if you do consent, your authorization applies only to that specific company.  Company affiliates and partners should each obtain their own express written consent if they want to robocall an individual.

Another important rule is that the recipient may not be required to sign an agreement or give their consent as a condition of buying property, goods, or services. This means that when a company is trying to get your consent to be robocalled, it must be a separate agreement from any commercial contract.  Anyone in violation of the TCPA may be subject to federal fines, and recipients of violating robocalls may be entitled to money damages.

Potential Class Action

Merrick Bank’s prescreened credit card form may be in violation of federal consumer law.  If you have signed up with Merrick Bank, you may be subject to annoying automated phone calls. Merrick Bank might have obtained the consent of consumers through a deceptive business practice.  Please contact us using the form on this page or call The Class Action News at 817-455-6822. You may be part of a class action lawsuit.

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