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.

Bank of America violates TCPA lawA recent TCPA lawsuit claims that Bank of America placed automated phone calls without consumer consent in violation of federal law.

Plaintiff Caralea B. allegedly received around 300 calls from Bank of America in an attempt to collect on a debt. However, Caralea is reportedly not a customer of Bank of America, and she says the calls were intended for a “Courtney Cortes”.

Her robocall lawsuit claims, “Defendant intentionally harassed and abused Plaintiff on numerous occasions by calling several times during one day, and on back to back days, with such frequency as can reasonably be expected to harass.” 

Caralea argues that Bank of America used an automatic telephone dialing system to place calls to her cell phone, in violation of the TCPA. These devices store or produce telephone numbers to be called using a random or sequential number generator and sometimes utilize an artificial or prerecorded voice. Caralea claims that she could tell the calls were automatic based on the “vast” number of calls she received, the prerecorded messages, and the pause she heard after she answered the phone but before a voice was heard on the line.

TCPA Lawsuit Claims

Over the last four years, Caralea has reportedly asked Bank of America to stop calling her but the bank has allegedly continued its harassing calls. In July 2017, Caralea specifically spoke to a live representative and informed the representative that the calls were not intended for her and that she had only recently acquired the phone number. She also allegedly demanded that the company place her number on the do not call list, and thereby “unequivocally revoked any express consent defendant may have believed they had.”However, she says Bank of America continued to place automated phone calls in the years that followed. She reportedly made several similar attempts to have the bank stop all contact with her number, but her “repeated requests for the harassment to end were ignored.”

A Bank of America settlement for over $30 million was approved in 2014 for others who sais they suffered similar robocall harassment.

What is the TCPA?

Caralea argues that the calls she received were in violation of the Telephone Consumer Protection Act (TCPA).  TCPA is a federal law, passed by Congress in 1991 to protect consumers from harassment in the form of unwanted calls and faxes. Since its initial creation, the law has been expanded to include text message violations. TCPA prohibits a variety of behaviors including: calling before 8 a.m. or after 9 p.m.; placing robocalls; using an automated dialing machine; using pre-recorded messages; sending unsolicited text messages; failing to provide an opt-out option in calls or texts; sending unsolicited faxes; calling numbers on the National Do Not Call Registry; and more.  While most TCPA violations come from financial institutions looking to collect on a debt, other businesses have been accused of violating the TCPA, including Planet Fitness.Caralea claims that the calls caused her injury by invading her privacy, intruding on her right to seclusion, occupied her cellular phone, wasted her time, and posed a nuisance and annoyance. She seeks compensation for these injuries under TCPA in her lawsuit, including statutory damages, punitive damages, actual damages, treble damages, exemplary damages, court costs, and attorneys’ fees.Her Bank of America TCPA Lawsuit is Case No. 3:19-cv-00074-K in the U.S. District Court for the Northern District of Texas.

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.

Get a Free Case Evaluation Now

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


5 thoughts onTCPA Lawsuit Claims Bank of America Placed Illegal Automated Phone Calls

  1. Carla Ross says:

    For some reason my computer will not let me look at the payment list it goes to advertisement. I would like to know if I am on the payment list, how much and when could I be expected to get a payment from the settlement. The front end phone message stated that it had been settled. So below is my contact information so please let me know.

  2. Larry a thompson says:

    Hi I got a letter last year telling me my name was on a class action against boa and by August I’d have a check.sonehow I lost the paperwork.thus I have no way of checking on the status of the settlement or where my check is.is there any way you can retrieve that info and contact law firm so I can inquire about the settlement thank you for your help

  3. Yolanda Bryant says:

    Add me

  4. Teri Morgan says:

    Please add me

  5. Marsha Bertagna says:

    Add me please.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.