Robocalls: Bank of America, in trouble again?!

Collection calls happen to many people in debt, but after you file for bankruptcy and receive your discharge, debt collectors are NOT allowed to continue to do so on discharged debts.  Bank of America was ordered to pay over $1 million dollars to a Florida couple after the bank continued to do just that, make phone calls trying to collect on their discharged debt.  Bank of America tried to assert that it was merely trying to help the couple stay out of foreclosure, but their arguments did not persuade the Court.

The above couple received 400 calls in the 4 years after they filed bankruptcy, the calls were electronically generated “robocalls” that were made repeatedly to the couple.  Bank of America alleged that the calls went unanswered; however, the debtors had asserted they asked the bank to stop calling and stop their illegal collection efforts many times.  The debtors argued successfully that Bank of America was in the wrong. 

This is not the first time Bank of America has had to pay for violations of bankruptcy discharge and illegal collection efforts.  Bank of America paid a settlement on a class action lawsuit in September 2013 where customers alleged that they were harassed by “robocalls”.  In addition, Bank of America has been investigated for using collection agencies that used racial slurs and illegal aggressive collection efforts with customers. 

If you are being collected against with harassing calls, see my Blog from October 2014 entitled, Is this debt collector the ‘Real Deal’?” for advice and tips on how to analyze the calls and what to do. 

If you are subject to valid collection calls, collection calls that you believe are in violation of your discharge in Bankruptcy, or are in financial trouble; please feel free to contact one of our attorneys at Pollak Hicks & Alhejaj.  We would be glad to sit down at a free initial consultation to discuss the available options to address your individual situation. 

© Roxanne M. Alhejaj, Attorney at Law

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