N. L. v. Credit One Bank, N.A., No. 19-15399 (9th Cir. 2020)Annotate this Case
The Ninth Circuit affirmed the district court's judgment in favor of an eleven year old boy in an action alleging that Credit One violated the Telephone Consumer Protection Act by making 189 automated calls to his cell phone. In this case, Credit One was trying to collect past-due payments from a customer, but, unbeknownst to the bank, the customer's cell phone number had been reassigned to Sandra Lemos, who in turn had let her son, N.L., use the phone as his own.
The panel joined every circuit to have addressed this issue and held that the consent of the person it intended to call did not exempt Credit One from liability under the TCPA. Therefore, Credit One cannot escape liability under the TCPA and upheld the district court's determination that Credit One was liable for the calls made to N.L. The panel also held that, in light of Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018), the district court properly instructed the jury on the definition of an "automatic telephone dialing system." Because the jury instruction on this definition is consistent with Marks, the panel held that Credit One's challenge to it failed.