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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 She says courts have held that pre-recorded calls to a cell phone where consent has been revoked and a do not call request made violate the TCPA.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.
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14 thoughts onUS Bank Harassed Customer With Daily Calls After Foreclosure, Class Action Lawsuit Alleges
I also went thru the covid plan they offered to put on the back of my loan I resumed payments when I was able to go back to work and I sent application after application for modification as they suggested and they use this stall tactic of that they’re not receiving the application to force u into foreclosure I lost my dream home lost lots of things I had to give away ,try to sell to downsize. My I work 2 jobs as a single parent and I cannot believe what I wake up too now. What do I do? They didn’t even get the pay off amount right so they took an extra 49,000 from me.
We have been in a nightmare with US Bank. To start they said we could skip a few payments and add them on to the back of the loan. They then moved us into a Covid plan without our consent and will not let us make any payments. Pushing for foreclosure or short sale. Many other things have happened!
I can not get us bank to work with us. We have jump threw ever hoop they’re asked us to and are still foreclosing on us. Even after offering to resume payment. I’m hiring a lawyer asap.
I have the same problem with u s bank.
In the course of selling my house the wire transfer from the Title Company to US Bank was hacked by a cyber crook. US Bank was made aware that funds had been diverted away from their mortgage division into a private checking account number. For two weeks they strung us along telling us they were fixing it, telling us their fraud department was involved in an investigation and that we’d recover the funds.
They told the Title company to recall the wired funds, then refused the recall on their side.
They have destroyed my credit.
They will not stop the false reports to the credit bureaus, keep calling me, sending me letters. I feel they are an accomplice after the fact to theft. They could have frozen those funds in their own Checking system.
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When we had damage from a hurricane US Bank called us to offer forbearance. They said you will apply and repay after a period of time. We were allowed to skip a couple months mortgage payments (which we never missed in the past) and work on damages at our home due to the hurricane. After a couple of months we asked to apply to repay. It took them 4 months to tell us how to repay the two missed months AFTER we started paying again in Dec/Jan. It still showed we were behind while we were waiting for them. I got call after call telling me they were foreclosing and letter after letter. They promised NO CREDIT HIT for the two months, but now I have a serious delinquincy on my credit report. I had them investigate where they said my credit would not be hit but of course their internal investigation said they were in the right. I called hundreds of times and even yelled…..nothing. We need help and cannot wait 10 years for a lawsuit to help my credit report and the damage they have done to it.
They need to be sued for violating the bankruptcy laws. My bankruptcy did not include my house, never late in 18 yrs, I still live here, & instead of just not reporting anymore they had all 3 credit bureaus delete the whole trade line. 17 yrs of perfect payment history prior to bankruptcy is gone so now I have a invisible loan. Prior bankruptcy credit history should remain and not be deleted because of “Policy “
Add me please
Iam in the same problem with u s bank.
Add me