Bank of America Hit With TCPA Class Action Lawsuit

Bank of America was hit with a unsolicited cellphone call class action lawsuit on Dec. 30, 2014 in Florida federal court, alleging the bank illegally contacted the lead plaintiff’s cell phone regarding another individual’s debt via an automatic telephone dialing system (or automatic dialer).

Plaintiff Richard S. filed this TCPA class action lawsuitclaiming Bank of America and its subsidiaries, NB Holdings Corp.  and FIA Card Services NA, violated the Telephone Consumer Protection Act, or TCPA,  by placing non-emergency calls to Swift’s cellphone without his express consent.

Richard alleges in his Bank of America cellphone spam class action lawsuit that the bank made over 20 calls to the plaintiff’s cellphone beginning in August 2014 regarding another person’s debt, a person the plaintiff claims he does not know. Swift claims he never provided his cellphone number to or consented to be contacted by Bank of America.

Richard further alleges that even after answering several calls and placing his own to Bank of America requesting the company cease calling him regarding the debt collection, Bank of America still did not stop calling his cellphone, according to the class action lawsuit.

In this proposed Bank of America TCPA class action lawsuit, Swfit hopes to represent himself and a nationwide Class of: “All persons within the United States who, between Feb. 1, 2013, and the present, received a non-emergency call from Bank of America Corporation, NB Holdings Corporation, or FIA Card Services …  to a cellular telephone through the use of an automatic telephone dialing system, and who did not provide prior express consent to receive such calls.”

For each negligent TCPA violation, Swift is asking for $500 in damages, as well as $1,500 for each willful TCPA violation to be paid by Bank of America to each qualifying Class Member.

The Bank of America TCPA Class Action Lawsuit is Swift v. Bank of America Corp. et al., Case No. 3:14-cv-01539, in the U.S. District Court for the Middle District of Florida.

UPDATE: The Bank of America TCPA class action settlement is now open! Click here for more details. 

What is The Telephone Consumer Protection Act (TCPA)?

In the early 1990s, the Telephone Consumer Protection Act was passed by Congress to limit the use of automatic telephone dialing equipment and prerecorded or “robocall” messages by telemarketers and solicitors to contact the consumer.

According to the federal law, Bank of America and its subsidiaries have allegedly violated the TCPA by: “Making and/or initiating telephone calls using an automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service.”

This is not the first time Bank of America has faced TCPA allegations. In September 2014, a California federal judge approved a TCPA class action settlement in which Bank of America and FIA Card Services paid $32 million to resolve allegations that the companies violated several TCPA statutes.

To date, this Bank of America TCPA class action settlement is the largest finalized TCPA settlement in U.S. history.

Over the past few years, hundreds of consumers have filed TCPA lawsuits or joined TCPA class action lawsuits against companies, telemarketers, and banks like Bank of America for alleged TCPA violations after contacting consumers through automated dialing systems without their prior express consent.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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