New York, NY: HSBC is facing a $5 million Telephone Consumer Protection Act (TCPA) violations class action lawsuit. The lawsuit, filed by lead plaintiff Stephen Comstock, alleges HSBC auto-dialed people' cell phones without their permission, which is in direct violation of the TCPA.
The lawsuit alleges HSBC knowingly and negligently violated the TCPA when it began calling Comstock in October 2012 without his permission and using an automatic dialing system and prerecorded and artificial voice messages. Comstock is not and never has never been a customer of HSBC. Further, the lawsuit claims he did not give HSBC his cell phone number or permission to contact him.
According to the lawsuit, Comstock told HSBC representatives repeatedly to stop calling him, but HSBC continued to call him.
The lawsuit claims HSBC caused Comstock and other Class Member "irreparable harm"by not only invading their privacy, but also wasting their money by having to pay their wireless carrier for the incoming calls.
The lawsuit, entitled Stephen Comstock v. HSBC Bank U.S.A. N.A., Case No. 13-cv-0001, U.S. District Court for the Southern District of California, seeks to represent all persons in the US, or HSBC employees and/or agents, who received a telephone call from HSBC on their cellphone that was placed using an automated telephone dialing system or an artificial pre-recorded voice without their permission within the past four years.
The lawsuit seeks $5 million in damages and an injunctive order barring HSBC from using automated dialing systems to call cellphones without consent. The TCPA carries a $500 penalty per violation and $1,500 penalty per willful violation. The class is represented by of Lemberg & Associates LLC.
