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Bank of America Must Face Debt Collection Robocall Suit

Monday, October 9, 2017   (0 Comments)
Posted by: Amy Tieperman
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Bank of America Must Face Debt Collection Robocall Suit

         

Bank of America must defend a claim it violated the Telephone Consumer Protection Act as well as the Connecticut Creditors Collection Practices Act.  The Plaintiff had filed a request for a loan modification with Bank of America; her phone number was solicited and included on the loan modification form.  Bank of America allegedly stalled the modification process and in the interim, made over 104 unlawful autodialed phone calls without her permission, seeking collection in the context of an attempt to foreclose on the loan. 

In response to Bank of America’s Motion to Dismiss, the court ruled that while the Plaintiff did provide her phone number on the modification form, autodialed calls in excess of 104 was more than necessary for debt collection attempts. The court further ruled that the Plaintiff is charged for the use of her mobile phone therefore, she has sufficient injury to constitute standing to sue



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