Posted on 12/14/2014 7:54:57 AM PST by Brother Cracker
A Federal judge has ordered the Bank of America to pay a Florida couple $1 million for a slew of automated calls that occurred over a four-year period. According to the order, the relentless calls violated the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act and as such the bank must pay the couple $1,500 for every prerecorded message received.
In a statement, Joyce and Nelson Coniglio said they were harassed by telephone calls repeatedly after telling the bank on multiple occasions to stop. The calls started after the Coniglio’s began having problems with their mortgage payments.
The couple’s son, Jason, said that the Bank of America called constantly. His mother received phone calls on her cellphone during dinner, his father’s cell phone was called time after time, and then after arriving home after being out, there would be additional messages on the answering machine.
A spokesperson for the Bank of America said the calls were not meant as harassment but rather an attempt to keep the couple from going into foreclosure. However, after the judge reviewed the case and saw that in four years the couple had received a minimum of 700 calls and had been advised to stop calling, it was obvious that both Acts had been violated.
The Florida couple is in their late 60’s and after getting behind in their mortgage payments back in 2009, the massive phone call campaign began. The couple also confirmed that it was common for them to receive up to five calls in a single day.
They added that the calls were not only harassing but actually abusive and showed clear patterns of outrageous behavior. In addition to the calls, the couple received demanding letters for collection that included misleading and false information. Along with telling the Bank of America to stop calling they sent several cease-and-desist letters but to no avail.
Finally reaching a breaking point, the couple filed a formal complaint last July in Federal court. Because the Bank of America failed to meet the mandated deadline set by the court, the couple won their claim by default. In addition, non-action from the bank resulted in the normal cost of $500 per call being increased to $1,500 per call.
As expected, the Bank of America asked the Federal judge to reconsider but with such strong evidence against them, all pleas were rejected. One of the couple’s attorneys, Billy Howard, said the decision of the court was an epic win not just for his clients but consumers throughout the United States.
When approached for comment, Dan Frahm, senior vice president at the Bank of America said they were simply trying to help the couple. Following the Coniglio’s case, three other couples are taking action.
In one case, an older couple from California received more than 2,000 calls, an Indiana family 600 calls, and a family from Arkansas 350 times, all from the Bank of America.
$1 million was not enough; judge should have tripled that sum and forwarded the case for criminal prosecution.
No kidding. I'd put up with four years of harassing phone calls after I stopped paying my bills for a million bucks.
Someone, please anyone, Sue Rachel at Card Holder Services!
I suspect they are the largest robo spam callers on the planet. They should be in jail or Gitmo.
Depending on the type of cell phone you have, you may be able to block calls from a particular number. My smartphone has an app called Mr. Number Block, which can be programmed to disconnect or send to voice mail calls from whatever number is programmed into the app. There are other apps which work the same way. You can also block calls from numbers that show up on Caller ID as “Private” or “Unknown.” The app works very well.
She should sue her plastic surgeon. She has a case.
Your case isn’t even the same as theirs. The Federal case they pursued involved debt collection practices, which are covered by a law that probably wouldn’t apply in your case. The other Federal statute referenced in this case (a Federal telecommunications law) might apply, though.
““Rachelle from Credit Card Services.”
I get calls from her too! And I’m in Ohio!
“Deadbeats of the world unite!”
Actually, BoA is the deadbeat. Instead of using legal and civil actions at their disposal as a competent business person should do, they stalked and harassed someone. That is illegal.
Hmmph! After having trouble making payments on my mortgage, they refused the 3rd payment (missed 2) and sent me into refinance of mortgage (or something like that) Took me over a year to finally get a new mortgage after getting my senators office involved. My 30 yr mortgage with over 100 grand equity, was refinanced into a new 50 year mortgage with barely 30,000 in equity. Chase btw.
Tampa Bay paper....second home...son a broker...it just gets better don’t it. IIRC, back during this time 2009 IIRC, there was some hoodoo about banks not getting the documentation straight on loans and how all kinds of mischief could be had, given the right knowledge. Something about not having original signed paperwork on assumed mortgages and such..
Not saying this is the case here, but it has the earmarks of it.
I’d sure like to get my hands on that b!tch.....I’d wring her a new tune, for sure....
Step One, pay your Mortgage.
Step Two, ignore Step One and change your Phone Number.
Step Three, ignore Steps One and Two and get ONE MILLION DOLLARS!
Is this a great Country or what?
IMO, 75% of the fines paid for violations of the “Do Not Call Registry” should go to those who file the complaints unlike the current standard where 100% goes to the government.
OK, that's screwed-up.
If that happened to me, I wouldn't be able to make my mortgage payments either.
I wonder if a big class action will result from this?
Get a phone that has call blocking. My Panasonic put an end to Rachel.
I see what you did there. LOL
The parasites hit the jackpot.
Poor babies were upset they they received 700 calls over 4 years. Pay your debts and people won’t call.
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