Bank of America TCPA Lawsuit Filed in Federal Court

A Bank of America TCPA lawsuit has recently been filed in South Carolina federal court alleging that Bank of America Corporation and Bank of America National Association have violated the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA).

Plaintiff Nelson B. stated in his Bank of America TCPA lawsuit that Bank of America violated the TCPA with its use of an automatic telephone dialing system that it used to call his cell phone.

Nelson states that he never gave express consent or permission to Bank of America to be called on his cell phone. He sent a certified letter to Bank of America revoking all consent and permission in October 2015 and again in November 2015.

“From January 8, 2016 thru May 31, 2016, Defendant(s) violated the TCPA by calling Plaintiff’s phone line 24 times which include cell phones with no prior permission given by Plaintiff,” the lawsuit states. Nelson saved screenshots of each of the calls and recorded the time and date of each of these that he had received from Bank of America.

Nelson, who was previously involved in a class action lawsuit with Bank of America, then sent a letter in June 2016 by certified mail giving the company 10 days after receipt of the letter to respond to resolve the matter at hand without having to file a lawsuit. Bank of America did not respond, and Nelson proceeded by filing his Bank of America TCPA lawsuit.

Nelson states that he had to upgrade his phone to one that had more storage in order to accommodate the calls placed by Bank of America;  his original phone was not functioning properly due to the lack of storage space remaining after all the calls, the lawsuit states.

Nelson also alleges that he has missed business opportunities because Bank of America has been calling him on his business cell phone and tying up the line. He states that B of A’s attempts to collect an alleged debt have caused him hardship “with a loss of income from not being able to concentrate on his business to keep a steady cash flow coming in to support himself and his bills, caused undue stress, relationship issues, nervousness and embarrassment.”

The plaintiff has raised six counts against Bank of America. The first count alleges violations of the Telephone Consumer Protection Act, stating that Bank of America used an automatic telephone dialing system to call his cell phone number 24 times despite his sending certified letters not to call him. He alleged B of A demonstrated “willful or knowing non-compliance” with TCPA.

The plaintiff’s second through fifth counts allege violations of Fair Debt Collection Practices Act by calling him 24 times without properly identifying themselves and without prior permission. The claims allege that the bank failed to cease their calls to him despite the certified letters and that he was continually harassed in the collection of a nonexistent debt.

Nelson is also seeking injunctive relief in his sixth count by barring Bank of America from further contacting him directly. He is seeking actual or statutory damages, punitive damages, injunctive relief, court fees and costs and demands a jury trial.

The Bank of America TCPA Lawsuit is Case No. 2:17-cv-1864, in the U.S. District Court for the District of South Carolina, Dorchester 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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