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“Thank you for calling American Express . . .” Alleged Unauthorized Calls

“Thank you for calling American Express . . .” Alleged Unauthorized Calls

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Kehoe Law Firm, P.C. is making consumers aware that on April 3, 2018, a class action complaint was filed against the American Express Company for alleged violations of the Telephone Consumer Protection Act.  According to the complaint, American Express “. . . routinely violates 47 U.S.C. § 227(b)(1)(A)(iii) by using an automatic telephone dialing system and an artificial or prerecorded voice to place non-emergency calls to telephone numbers assigned to a cellular telephone service without prior express consent, in that [American Express] places autodialed and prerecorded or artificial voice calls to wrong or reassigned cellular telephone numbers.”

The complaint alleges that shortly after the Plaintiff obtained a new cell phone in 2017, American Express started to make calls to the Plaintiff’s cellular telephone from (844) 349-7984.

Allegedly, “[w]hen dialed, at one time, (844) 349-7984 played a message that stated: ‘Thank you for calling American Express. . . .’” On another occasion, “[w]hen dialed . . . (844) 349-7984 played a message that stated: ‘You have reached a non-working number at American Express.’” American Express “. . . placed at least one call to Plaintiff’s cellular telephone number on December 15, 2017, and at least one call on December 18, 2017[,]” as well as other separate calls.  According to the class action complaint, when the “Plaintiff answered at least one of [American Express’] calls to her cellular telephone,” the Plaintiff “. . . was greeted with an artificial or prerecorded voice explaining that [American Express] was calling for someone other than and unknown to Plaintiff.”

The complaint states that the Plaintiff did not provide prior express consent to place calls to her cell phone, neither is/was an American Express customer nor has/had a business relationship with the Defendant. The class action complaint seeks, among other things, statutory damages and injunctive relief.  The action was filed in United States District Court, Northern District of Oklahoma (4:18-cv-001777-GKF-FHM).

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.