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TCPA VIOLATIONS RESULTS IN DEFAULT JUDGEMENT AGAINST BANK OF AMERICA IN EXCESS OF $1 MILLION

  • Jared Hartman, Esq.
  • Posted on December 14, 2014

 

It is very common in the credit industry for collectors and creditors to use robo-calls to both cell phones and land-lines for purposes of debt collection. Robo-calls are when a computer dials a number stored within its system and when the recipient of the call answers the phone they are confronted with a robotic or pre-recorded voice message instead of a live human.

The reason for these calls being so common in the collection industry is because it is much cheaper for a company to use a machine to blast consumers with repeated calls than it is for the company to pay an employee to sit at a phone and manually dial numbers multiple times per day. However, if a consumer tells a creditor/collector to stop calling them, then every subsequent robo-dial is a violation of the Telephone Consumer Protection Act (TCPA) worth $500.00-$1,500.00 per call. One couple in Tampa, Florida recently obtained default judgment against Bank of America for receiving over 700 unwanted robo-dials in a five year period. Because Bank of America failed to respond to the lawsuit in time, the couple was awarded damages in excess of $1 Million by default judgment. Of course, Bank of America will now appeal the lawsuit, and it is unclear as to how the court of appeal will handle their request to set aside the default judgment. However, the point is clear—companies should respect and honor consumers’ requests that the unwanted and harassing robo-dials cease!

A news article by “Good Morning America” describing the lawsuit as well as other debt collection harassment violations by Bank of America can be found here: https://gma.yahoo.com/couple-wins-1m-suit-against-major-bank-outrageous-002552031–abc-news-topstories.html. Additionally, a news article by “The Consumerist” about the lawsuit can be found here: http://consumerist.com/2014/12/11/bank-of-america-must-pay-family-1-million-for-5-years-of-unwanted-robocalls/ , which also has links to the court papers pertaining to the lawsuit.

If you or a loved one is receiving harassing phone calls by a creditor, debt collector, or telemarketer despite your requests that they stop calling, do not hesitate to contact us for a free and confidential consultation to discuss your rights and what you can do to make them stop.