Man Files Bank of America Robocalls Lawsuit, Alleging TCPA Violations

An Illinois man recently filed a Bank of America robocalls lawsuit, alleging the company committed TCPA violations regarding the use of an autodialer system through a debt collector.

The plaintiff, Neal P., claimed that even after he had revoked any prior express consent he may have granted, he received numerous robocalls in an attempt to collect an alleged debt due Bank of America, in violation of the TCPA. The debt collection robocalls were allegedly made through a third party, Bank of America debt collector Mercantile Adjustment Bureau (MAB).

According to the Bank of America robocalls lawsuit, it was actual MAB policy to use a “fully integrated Auto-Dialer system.”

The Bank of America robocalls lawsuit was filed on counts of TCPA violations against both Bank of America and Mercantile Adjustment Bureau, including all autodialed calls and artificial or prerecorded calls to Neal as well as other Bank of America debtors.

Neal filed his Bank of America robocalls lawsuit as a TCPA class action lawsuit. Proposed Class Members include others who were affected by the Mercantile Adjustment Bureau robocall policy.

Background of the Telephone Consumer Protection Act

The Telephone Consumer Protection Act, or TCPA, was introduced in 1991. The TCPA was intended to protect consumers from unwanted solicitation calls.

The Telephone Consumer Protection Act has always focused on the placement of unwanted solicitation calls, or the use of an auto dialer or pre-recorded messaging system to contact consumers who have not given their explicit permission to receive such calls. As new technology such as cell phones has emerged, the TCPA has further expanded to include SMS text messaging as well as traditional unwanted solicitation and robocalls.

Reporting Violations of the TCPA

Filing a TCPA lawsuit over alleged violations can help force companies like Bank of America and debt collection agencies to comply with TCPA rules. Plaintiffs who bring a successful claim may be able to collect statutory damages for each noncompliant phone call.

These kinds of TCPA violations are extremely common — so common that many consumers are used to it, and may not even know that they’re illegal. According to the Federal Communications Commission, or FCC, the agency received more than 215,000 individual TCPA complaints in the year 2014 alone.

If you have received unwanted robocalls or prerecorded messages from a company without having given prior express permission, or after placing your name on a federal Do Not Call telemarketer list, you may be able to receive compensation.

Unwanted robocalls or texts in willful or knowing violation of the TCPA may be subject to higher damage penalties than those placed unknowingly. Unlawful calls made in willful or knowing violation of the TCPA can result in statutory damages of up to $1,500.

In order for a TCPA claims to be most effective, a plaintiff will need to provide proof of these violations. Keeping messages and phone records of the unwanted solicitation calls helps prove the case.

The Bank of America Robocalls Lawsuit is Case No. 1:17-cv-08237, in the U.S. District Court for the Eastern Division of the Northern District of Illinois.

Join a Free TCPA Class Action Lawsuit Investigation

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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