US Bank Harassed Customer With Daily Calls After Foreclosure, Class Action Lawsuit Alleges

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

U.S. Bank broke the law when it called one of its customers on an almost daily basis after denying her a loan modification and sending her into foreclosure, a new nationwide class action lawsuit alleges.

Plaintiff Ashley Drummer filed the class action lawsuit against U.S. Bank National Association Tuesday in an Illinois federal court, alleging repeat violations of the Telephone Consumer Protection Act (TCPA). 

The TCPA is a federal law that was enacted in 1991 to protect consumers from telemarketers. It prohibits calling a cell phone number using an artificial or pre-recorded voice without the recipient’s prior express consent. 

It aims to protect consumers from unwanted marketing communications from companies via phone, cell phone, text, and fax. It also limits the use of autodialers and robocalls. 

Drummer says she bought property and got a mortgage from U.S. Bank. Later, the bank was unwilling to agree to a loan modification and filed a foreclosure action against her March 9 last year.

In December, Drummer says her attorney faxed the bank a letter telling it to redirect all communications to the attorney, and not to contact her anymore. 

“Notwithstanding the clear direction of the letter, U.S. Bank proceeded to call and harass Plaintiff thereafter with more than a dozen pre-recorded voice message calls to her cell phone… in violation of the aforesaid statute,” the class action says.  

“The calls continue on an almost daily basis.”

Drummer says U.S. Bank also left pre-recorded messages on her cell phone. She says courts have held that pre-recorded calls to a cell phone where consent has been revoked and a do not call request made violate the TCPA. 

“U.S. Bank previously settled a class action brought under the TCPA… but it continues to engage in the same wrongful conduct,” she says.

Drummer is looking to represent anyone in the United States who got calls from U.S. Bank that used an artificial or pre-recorded voice in the last four years without their prior express consent, as well as anyone who requested to be placed on the bank’s internal “do not call lists” and continued to receive calls.

She is seeking damages of $1,500 for each of the telephone calls in which U.S. Bank knowingly violated the TCPA, fees, costs, certification of the class action and a jury trial.

U.S. Bank often faces class action lawsuits. In March 2019, it agreed to pay $2.67 million to settle a class action lawsuit filed over unwanted text messages and phone calls.

It is also facing a class action challenging its “Pay-to-Pay” fees, charged to borrowers when they make a mortgage payment by phone or online.

Have you had dealings with U.S. Bank? Let us know your experience in the comments! 

The plaintiff is represented by Howard B. Prossnitz of the Law Offices of Howard Prossnitz PLLC  and Young Kim of Consumer Law Attorneys.

The U.S Bank TCPA Class Action Lawsuit is Drummer et al., v U.S. Bank National Association, Case No. 1:21-cv-02668, in the U.S. District Court Northern District of Illinois.

Read About More Class Action Lawsuits & Class Action Settlements:

• Lawsuit Claims Fifth Third Bank Harassed Woman With Debt Collection Calls
• Do You Qualify: Text Message Spam, Pre-recorded Messages, Telemarketing Calls Class Action Lawsuit Investigation
• Citibank Violates TCPA With Robocalls That Left Consumer Annoyed and Harassed, Lawsuit Claims
• Do You Qualify: Ringless Voicemail Class Action Lawsuit Investigation