Consumer Says Bank of America Robocalls Prompted TCPA Lawsuit

A woman from Oregon has initiated a  lawsuit over alleged Bank of America robocalls, contending the financial institution is responsible for violating the Telephone Consumer Protection Act.

According to plaintiff Melody P., the TCPA prohibits the use of automated dialing equipment when making phone calls to consumers. Bank of America robocalls allegedly violate this law in their pursuit of debt collection activity.

The purpose of the TCPA was to prevent abusive or outrageous conduct on the part of businesses reaching out to consumers and enables consumers to initiate legal action when they have received inappropriate communications.

According to the Bank of America robocalls lawsuit, the financial institution’s debt collection activity, particularly the use of prerecorded messages to contact consumers, violated the TCPA.

The defendant, according to the Bank of America robocalls lawsuit, acted as a debt collector in attempting to collect on an unsecured loan that was taken out by Melody in 2013.

The plaintiff says in her lawsuit that she was making payments on that loan, but she became financially unable to do so. In April 2016, according to the lawsuit, the plaintiff says she was subjected to Bank of America robocalls regarding the status of the loan and collection efforts.

The plaintiff says she retained legal counsel in an effort to deal with the debt and to obtain some sort of financial relief.

A letter of consent revocation under the TCPA was sent in June 2018 and the revocation and representation letter, according to the plaintiff, was received by July 1, 2018. The Bank of America robocalls lawsuit alleges that the bank continued to make unsolicited calls to her telephone number which was her cell phone after she revoked her consent.

The lawsuit alleges that this communication continued between July 2, 2018 and at least Aug. 31, 2018 despite the fact that Melody continued to tell the defendant that she no longer wished to receive Bank of America robocalls.

This Bank of America robocalls lawsuit alleges that the communications were frequent in nature and that her written confirmation that she was revoking any consent to be contacted was sent such that the defendant should have stopped it entirely.

The Bank of America robocalls lawsuit goes on to argue that the defendant would contact the plaintiff frequently regarding payment on her accounts on at least 70 different occasions and allegedly that this was done through the use of an automatic telephone dialing system, which is a violation of the TCPA.

When consumers do initially allow for a company to contact them regarding services or in an effort to collect a debt, that consent can be revoked at a later point in time. This plaintiff in the Bank of America robocalls lawsuit says that she tried to revoke her consent several times but that the communication did not stop.

The Bank of America Robocalls Lawsuit is Case No. 6:18-cv-01689-AA; filed in the United States District Court, District of Oregon, Eugene Division.

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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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