Truist Bank Settles $4.1M TCPA Lawsuit Over Unwanted Robocalls

Truist Bank has agreed to a $4.1 million settlement to resolve a class-action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA). The lawsuit, filed by Texas resident Kevin Truong in February 2023, claimed that Truist made unauthorized prerecorded calls to individuals who were not account holders and had not consented to receive such communications.

The plaintiff alleged that he received at least twenty-four prerecorded robocalls from Truist, directed at another individual who is a Truist account holder. Truong stated that all calls were robocalls using a recorded message, but he had no relationship with Truist, did not know the individuals they were inquiring about, and never gave his consent to be contacted by Truist. The class that was compiled consisted of approximately 5,998 individuals that are expected to receive around $440 each without needing to submit a claim form.

The penalties Truist Bank is now facing serve as a cautionary tale for any company that uses automated technologies as part of its outreach campaigns, collections, or customer service operations. Above all, businesses using autodialers should not call individuals without documented, verifiable consent. This case highlights the importance of maintaining clear recordkeeping, demonstrating when, how, and from whom consent was obtained.

Even if a phone number is associated with a customer in a company’s database, consent is tied to an individual, not a phone number. In other words, mistaken identities or outdated records do not equal consent. Businesses must also remain aware that phone numbers are recycled regularly and can be reassigned. Additionally, ensuring opt-outs are promptly honored and addressed helps prevent future calls that may lead to complaints.

The $4.1 million TCPA settlement against Truist is not just a legal outcome, it’s a chance for other companies to review their current practices to avoid the same costly mistake. Companies that use robocalls must be meticulous about obtaining consent, verifying data accuracy, and respecting consumer privacy or requests not to be contacted.

Failing to do so can not only alienate potential customers but also cost millions in class action litigation. If you have questions about using consent and autodialers, or how to track records of consent to demonstrate compliance, please contact us at connect@compliancepoint.com.