Man Files New Bank of America Robocall Lawsuit

A California man recently filed a Bank of America robocall lawsuit against the banking giant, alleging that he was targeted with incessant robocalls.

The plaintiff, Jeff S., alleges that he has been harassed via mail, email, and phone by the Bank of America in an attempt to collect a debt. According to the Bank of America robocall lawsuit, Jeff had become unable to make payments on a loan because of financial issues.

When Jeff began receiving communication from Bank of America over the debt in March 2018, he says he hired counsel to help him with the situation. At that point, Jeff says, his counsel sent a letter to Bank of America clearly stating that no further communication be directed at Jeff, including phone calls. The letter was sent on May 22, 2018.

In the following weeks, however, Bank of America allegedly continued to contact him via phone, sometimes multiple times a day. Furthermore, Jeff alleges that the calls he received were placed by an automatic dialing machine, or robocaller.

Jeff filed his Bank of America robocall lawsuit on two counts: violation of the Rosenthal act, as well as violation of the Telephone Consumer Protection Act (TCPA).

Telephone Consumer Protection Act

The Telephone Consumer Protection Act, or TCPA, is a law meant to protect consumers from unwanted solicitation through technology, via robocalls and pre-recorded messaging systems. The TCPA was introduced back in 1991, and as technology has evolved since then, the law has been updated to include SMS text messaging on top of more traditional unwanted robocalls.

Reporting violations of the TCPA or filing a lawsuit can help force companies like Bank of America, ADT and countless others to comply with TCPA regulations. Reports of violations may also grant consumers award money per individual violation.

These kinds of TCPA violations are extremely common—so common that many consumers are used to it, and may not even know that these practices are illegal. According to the Federal Communications Commission (FCC), the agency received more than 215,000 individual TCPA complaints in the year 2014 alone.

Reporting TCPA Violations

If you have received unwanted robocalls or prerecorded messages from Bank of America or another company, even in an attempt to collect a debt, without having given prior express permission, you should be able to report these violations and receive compensation.

Unwanted robocalls or texts in violation of the TCPA may be subject to fine of $500, but calls made in willful or knowing violation of the TCPA can increase that fine to up to $1,500.

In order for your TCPA claims to be most effective, you will need to provide proof of these violations. Keep messages and phone records of the unwanted solicitation calls placed to your phone.

The Bank of America Robocall Lawsuit is Case No. 2:18-cv-01888-MCE-AC, in the U.S. District Court for the Eastern District of California.

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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