Bank of America Robocalls Lawsuit Alleges TCPA Violations

A New Jersey man has filed a Bank of America robocalls lawsuit, accusing the bank of violating the Telephone Consumer Protection Act (TCPA) on multiple occasions. According to the Bank of America robocalls lawsuit, the financial institution had made unwanted phone calls to the man’s phone and continued to do so even after being asked to stop.

Plaintiff Joseph A. is filing this Bank of America robocalls lawsuit as of November 2016, soon after the company began placing calls to his different cell phone numbers. In each of these calls, the financial institution left voice messages explaining the purpose of the call.

The Bank of America robocalls lawsuit stated Joseph had tried to make the phone calls to stop, even sending a letter to the bank dated Nov. 2, 2016. The letter stated Joseph did not want to receive any calls, emails, or texts from Bank of America along with any other digital communications, with the only acceptable form of contact being U.S. Mail.

However, the TCPA violations describe the bank conducting persistent calling against Joseph, despite the cease and desist letter. According to the Bank of America robocalls lawsuit, the financial institution placed at least 46 calls to his cell phone since November 2016.

Joseph opted to file the Bank of America robocalls lawsuit for the alleged TCPA violations and is seeking financial compensation.

Overview of TCPA Violations

The Telephone Consumer Protection Act was enacted by Congress in the 1990s to help protect consumers against aggressive telemarketing tactics. The TCPA is designed to prevent companies from using unreasonable and aggressive telemarketing tactics to contact consumers, as well as setting provisions for companies to follow when conducting these calls.

The TCPA states that unless the person called has already given consent, companies are prohibited from using automated dialing systems from placing calls, along with using artificial voices to respond if the calls are answered. Automated dialing systems are machines or software that generate phone numbers to call consumers; artificial voices are also often used to answer in conjunction.

Under the TCPA, companies are required to place calls only between the hours of 8am and 9pm and must have express consent from consumers. If the consumer requests for the calls to stop, the consumer must be placed on the company’s do-not-call registry that must be honored for up to five years.

The TCPA also applies to faxes, and prohibits companies from sending unsolicited calls and messages to emergency service lines. The TCPA was later updated to include text messages, in which companies are now prohibited from sending unsolicited text messages.

The TCPA states that when companies place calls to consumers, the representatives must be able to identify themselves and the company they represent. Failure to follow any of these TCPA provisions can result in potential legal action, with fines ranging between $500 to $1,500 per unwanted phone call.

Potential claimants are encouraged to keep record of all potentially relevant communications, including any unwanted text messages or phone calls. Joseph is seeking damages for each unwanted cell phone call, claiming the company willfully violated the TCPA.

This Bank of America Robocalls Lawsuit is Case No. 3:17-cv-05476-MAS-DEA, in the U.S. District Court for the District of New Jersey.

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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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