Bank of America TCPA Lawsuit Filed Following Spam Calls

A Tennessee woman has filed a complaint against Bank of America for phone call spam violations.

Plaintiff Glenda G. filed her Bank of America TCPA lawsuit in early February against Bank of America N.A., alleging violation of the Telephone Consumer Protection Act (TCPA).

The TCPA was enacted to prevent companies from invading American citizens’ privacy and to prevent intrusive and unwanted telephone calls. According to Glenda’s complaint, “Unwanted calls and texts are the number one complaint to the FCC. There are thousands of complaints to the FCC every month on both telemarketing and robocalls. The FCC received more than 215,000 TCPA complaints in 2014″ alone.

Bank of America allegedly called Glenda 200 times in an attempt to collect an alleged credit card debt. Between April 26, 2017, and June 20, 2017, Glenda made a log of 78 calls she received from Bank of America.

The Bank of America TCPA lawsuit alleges that Glenda was harassed and received calls up to five times a day on back to back days. Allegedly, Bank of America policy provides no means for consumers to have their numbers removed from the call list.

Glenda alleges that some or all of the calls were made using an “automatic telephone dialing system” which can call automatically using an artificial or prerecorded voice. She states she knew they were made from an automatic dialing system based on the number of calls she received as well as the pause heard before the voice came on the line.

“[Bank of America] has a corporate policy to use an automatic telephone dialing system or a pre-recorded or artificial voice to individuals just as it did to [Glenda’s] cellular telephone in this case,” the Bank of America TCPA lawsuit reads.

Glenda alleges that, on several occasions, she instructed Bank of America agents to stop calling her cell phone, including one incident in March 2017 when she explicitly revoked her consent. “Specifically [Glenda] told [Bank of America’s] agent that she was unable to pay, that she would no longer be answering their calls, and demanded that [Bank of America] stop calling her cell phone,” the complaint says.

“[Bank of America] willfully and/or knowingly violated the TCPA with respect to [Glenda]. From each and every call placed without express consent by [Bank of America] to [Glenda’s] cell phone, [Glenda] suffered the injury of invasion of privacy and the intrusion upon her right of seclusion,” her lawsuit states. The complaint argues that Bank of America wrongfully occupied Glenda’s cellular line with unwelcome calls, making the phone unavailable for legitimate callers or outgoing calls.

The Bank of America TCPA lawsuit alleges that there are numerous other federal lawsuits pending against Bank of America for similar violations.

Glenda seeks a trial by jury for violation of TCPA, damages, attorney fees, and court costs.

The Bank of America TCPA Lawsuit is Case No. 3:18-cv-00119 in the U.S. District Court for the Middle District of Tennessee.

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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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