Bank of America is facing legal action from a woman who reportedly not only faced telephone harassment on debt collection, but also had her privacy violated when the bank allegedly broke federal law.
This woman is filing this Bank of America lawsuit after the financial institution had allegedly harassed her with numerous phone calls, trying to collect on an alleged debt.
Plaintiff Kelli H. and her late husband James had bought a house in California, borrowing $251,000 from Bank or America in 2009 to finance the purchase. Her husband later died in the same year.
To add to her grief, the house Kelli and James bought was completely destroyed by the Clover Wildfire in September 2013.
Even though she followed all administrative procedure to settle the mortgage, Bank of America allegedly continued to call her regarding the mortgage. According to the Bank of America lawsuit, the bank had reportedly placed hundreds of calls to the woman’s cellphone within a four year period.
Each of these calls were allegedly made using an automated dialing system and had an artificial voice answer when the call was received, adding up to multiple violations against the Telephone Consumer Protection Act (TCPA).
Overview of TCPA Bank of America Lawsuit
After the fire struck, Kelli contacted her insurance company Nationwide, which paid $464,401 within a few weeks after the disaster.
However she still owed the mortgage of $230,000, to which a check was made out to her by the insurance company. After taking the check down to the nearest Bank of America branch, the check was endorsed and was sent to the appropriate bank department.
Allegedly, instead of paying off the mortgage and returning the remaining amount to Kelli, Bank of America kept all of the money and insists she owes a larger amount of money than what financial records indicates.
Bank of America recently began foreclosure proceedings on the house, and allegedly placed numerous collection calls while ignoring Kelli’s multiple requests to stop.
Furthermore the Bank of America lawsuit indicates that the unwanted phone calls began even before the fire occurred, with Kelli reporting the calls were made using an automated dialing system and an artificial voice.
Under the TCPA, it is illegal for banks or other companies to use automated dialing systems to generate phone numbers and place calls to them.
The TCPA also prohibits companies from using an artificial or pre recorded voice to respond when the calls are answered. The TCPA furthermore forbids companies from continuing to call consumers who have asked for the calls to stop and must add them to their do-not-call registry.
The Bank of America lawsuit indicates the financial institution had violated the TCPA in multiple ways, with Kelli seeking compensation for these troubling phone calls. Kelli is also seeking damages for violation of her privacy, along with any other applicable damages.
The Bank of America Lawsuit is Case No. 2:16-cv-03047, filed in the U.S. District Court for the Eastern District of California.
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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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