Bank of America Accused of ‘Abusive and Outrageous’ Debt Collection in TCPA Lawsuit

A California man is suing the Bank of America, saying its debt collectors contacted him at least 110 times in 59 days last year when he fell behind on his credit card payments.

Michael Rhodd filed a lawsuit against the bank in the Northern District of California Thursday, seeking damages under the Rosenthal Fair Debt Collection Practices Act and the Telephone Consumer Protection Act (TCPA) caused by its “abusive and outrageous conduct in connection with debt collection activity.”

Rhodd opened an unsecured credit account with the Bank of America in early 2018, the lawsuit states.

He was making payments for several years before he became financially unable to keep up with the monthly payments. In late September, last year the bank started contacting him to inquire about the status of the account, and to collect on the payments no longer being made. 

Rhodd said he got a lawyer to help deal with the bank, and to seek some type of financial relief. His lawyers wrote to the bank in October advising Rhodd was revoking any consent to be called on his mobile, and that it was to no longer contact him directly.

However, Rhodd said the bank continued to contact him, even after it received the letter. He said in the space of less than two months from Oct. 30 he was contacted on 110 separate occasions via daily telephone calls and written notices. He counted at least 50 phone calls and text messages.

“The actual call volume may be much higher as the number of calls placed by Bank of America to Plaintiff have overwhelmed Plaintiff and caused him to experience a significant amount of anxiety and stress,” the lawsuit states.

Rhodd said the bank would often call him multiple times a day demanding payment, using an automatic dialing machine.

“[The bank] intentionally ignored Plaintiff’s certified letter of representation of revocation of consent and willfully attempted to coerce Plaintiff into making payment on his account by bombarding his cellular telephone with auto dialed calls and pre-recorded messages,” the lawsuit states.

The Rosenthal Act prohibits debt collectors from engaging in abusive, deceptive, and unfair practices and intrusion upon seclusion. The TCPA prohibits the use of automated dialing equipment when making calls to consumers. 

The Bank of America isn’t the only company facing TCPA violation allegations. Hundreds of complaints filed by consumers call out other businesses as well. Capital One is currently facing yet another class action lawsuit claiming it harasses customers that owe it money in ways that violate the TCPA.

In 2018, at least seven lawsuits, some of them class action lawsuits, were filed against Capital One for harassing consumers with excessive phone calls. In 2014, the bank settled a class action lawsuit arguing TCPA violations for $75.5 million, considered the largest ever settlement of its kind. 

Meanwhile, Bank of America’s handling of unemployment benefits is being challenged by a growing list of plaintiffs in at least two class action lawsuits. A February filing out of California claims the bank isn’t protecting the unemployment benefit accounts it is in charge of, and is failing to make it right for the thousands who’ve been frozen out of their money. 

Rhodd is seeking a jury trial, an injunction preventing future contact, damages and costs. 

Are you a Bank of America credit card holder who’s been harassed by unwanted calls or texts? Let us know in the comment section below. 

Counsel for the Plaintiff is Joe Angelo of Gale, Angelo, Johnson, & Pruett, P.C. 

The Bank of America TCPA Rosenthal Lawsuit is Michael Rhodd v. Bank of America, Case No. 4:21-cv-01183-DMR, in the United States District Court Northern District Of California – San Francisco Division.

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