A class-action lawsuit has been filed alleging that Bank of America violated the Telephone Consumer Protection Act by making debt collection calls to individuals on their cell phone using an automated telephone dialing system after the individual had indicated he was being represented by an attorney.
A copy of the complaint in the case of Childers v. Bank of America can be accessed by clicking here.
The plaintiff alleges he received a call on his cell phone from the defendant, and when he answered the call, an automated message asked him to verify his identity y requesting he enter his ZIP code. Then, the plaintiff said he waited several seconds before being connected to a live agent. The defendant called back two days later and again there was a long delay before a live representative from the defendant started talking, the plaintiff alleged. At that point, the plaintiff said he informed the defendant he was being represented by an attorney and revoked consent to be contacted. Nevertheless, three weeks later, the defendant called the plaintiff again and again there was a long delay before a live representative starting speaking, indicated the use of an ATDS.
That one phone call after consent was revoked appeared to be the only alleged violation, according to the complaint. The plaintiff seeks to include a class that is defined as:
All persons within the United States who received any call from Defendant or its agent/s and/or employee/s to said person’s cellular telephone made through the use of any automatic telephone dialing system, or with a pre-recorded or artificial voice, within the four years prior to the filing of this Complaint.
The complaint alleges the violation of the TCPA was knowing and willful, entitling the members of the class to damages of $1,500 per violation.
