Bank of America TCPA Lawsuit Alleges Phone Call Harassment

A Florida man has filed a Bank of America TCPA lawsuit claiming that the bank autodialed his phone repeatedly after he told the bank to stop.

Plaintiff Eduardo V. claims that Bank of America sought to collect a mortgage debt from him. In his Bank of America TCPA lawsuit, Eduardo says that Bank of America began calling him in 2011.

Eduardo initially answered several of the calls, but then requested that Bank of America stop calling him. Regardless, the bank continued to call him and disregarded his verbal instructions to cease calling.

Bank of America TCPA Lawsuit Cites Harassment

According to his Bank of America TCPA lawsuit, Eduardo alleges that the bank “intentionally harassed and abused” him on numerous occasions by and through its agents and representatives. He claims they called several times a day and on back to back days. Eduardo believes this is harassment.

Between 2012 and 2016, the plaintiff claims that Bank of America made approximately 500 autodialed calls during the 4 year period.

Eduardo claims in this Bank of America TCPA lawsuit that he made repeated demands to the bank to stop calling him. Instead, he claims, Bank of America was “undeterred in its campaign of intentional harassment and abuse of the Plaintiff in an effort to collect the alleged debt, and proceeded to engage in conduct in violation of the TCPA and FCCPA.”

Bank of America allegedly violated the Telephone Consumer Protection Act (TCPA) by calling several times a day and on back to back days, calling from an automated system and leaving prerecorded messages and calling the plaintiff’s phone and then hanging up right before the call was answered.

Eduardo also claims Bank of America violated the TCPA by engaging in caller ID “spoofing.” Caller ID spoofing is when the caller ID is intentionally misleading or inaccurate in order to get the recipient of the call to pick up the phone.

In this case, the false caller ID led the plaintiff to believe the calls were coming from either a local number or some entity other than Bank of America. At times, the caller ID was masked entirely. Essentially, the caller ID read “unavailable”, “private” or it showed a string of digits that are not a valid telephone number (000-000-0000).

Eduardo claims in this Bank of America TCPA lawsuit that Bank of America used the “Aspect” autodialing system to make the calls. This system operates as a “predictive dialer” in initiating calls and transmits a prerecorded message that played with the plaintiff answered the calls and then transferred the call to a live representative.

He accuses Bank of America of issuing these calls without prior express consent to do so, violating the TCPA. Bank of America also, according to the Bank of America TCPA lawsuit, issued these calls after he revoked any prior consent.

The plaintiff argues that he has suffered “compensatory, statutory and actual damages in the form of emotional distress, anxiety, fear, worry, embarrassment and mental suffering, pain, anguish, and loss of capacity for the enjoyment of life.”

This Bank of America TCPA lawsuit raises claims of violation of the TCPA and violation of the FCCPA.

The Bank of America TCPA Lawsuit is Case No. 0:16-cv-61717,  in the U.S. District Court for the Southern District of Florida, Palm Beach Division.

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