Posted On: November 5, 2010 by Watts & Herring, LLC

Alabama Case Filings - Illegal Debt Collection By Bank Of America After Bankruptcy Discharge Of Home Loan

Bankruptcy is a legitimate option for many Alabama consumers but what do you do when after you have received a discharge (meaning you don't owe the debt anymore) the mortgage company -- such as Bank of Americar (BAC Home Loan Servicing) -- continues to call and write to collect on a debt that does not exist anymore?

What do you do after you tell the company to not bother you -- to not call you on your cell phone with an illegal autodialer, to not write you anymore?

When the mortgage company -- whether Chase, GMAC, Litton Loan, PHH, LPP, Wells Fargo, Bank of America, etc -- won't stop breaking the law then one way to get them to stop is to sue them.

We have copied the allegations from a lawsuit we filed against Bank of America (BAC Home Loan Servicing) on this subject to give you an idea of some options you have when dealing with this type of company violating the law in this way.

COMPLAINT

COMES NOW the Plaintiff, by and through counsel, in the above styled cause, and for Plaintiff’s Complaint against the BAC states as follows:
1. This action arises out of BAC’s repeated violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA ”) and out of the invasions of Plaintiff’s personal and financial privacy by the BAC and its agents in their illegal efforts to collect a non-existent debt from Plaintiff.

PARTIES

2. Plaintiff is a natural person who is a resident of Alabama.
3. BAC BAC Home Loans Servicing, LP, (“BAC” or “BAC”) is a foreign debt collection firm that engages in the business of debt collection.

FACTUAL ALLEGATIONS

4. Supposedly, BAC purchased or was assigned or otherwise was collecting an alleged debt of Plaintiff and began harassing collection activities against Plaintiff.
5. Plaintiff does not owe this alleged debt.
6. Plaintiff filed bankruptcy and the alleged debt was discharged.
7. Discharged debt cannot be collected on and BAC is in violation of the federal court discharge order by its illegal and intentional collection activities including collection letters and calls.
8. There was no basis or authority for BAC to call and collect this discharged debt from Plaintiff.
9. Plaintiff told BAC the debt was discharged and to leave him alone.
10. BAC told Plaintiff they did not care that Plaintiff’s debt was discharged as BAC was going to collect the debt regardless.
11. Plaintiff told BAC not to call him.
12. BAC refuses to stop calling Plaintiff on a debt he does not owe.
13. BAC made harassing and repeated phone calls to Plaintiff.
14. BAC has no right to make calls to Plaintiff regarding the alleged debt as Plaintiff does not owe the debt.
15. BAC has no right to make calls to Plaintiff as BAC has no relationship with Plaintiff.
16. Plaintiff has not given consent to BAC to contact Plaintiff.
17. Any consent that might have been given was revoked by the discharge and by Plaintiff telling BAC not to call Plaintiff.
18. BAC refuses to stop calling Plaintiff’s cell phone and in particular using illegal pre-recorded messages.
19. BAC refuses to stop calling Plaintiff’s cell phone and in particular to stop using auto dialers.
20. BAC refuses to stop calling Plaintiff’s cell phone and in particular to stop using predictive dialers.
21. BAC illegally used an autodialer to call Plaintiff’s cell phone without permission to do so in violation of the Telephone Consumer Protection Act (TCPA).
22. BAC illegally used a predictive dialer to call Plaintiff’s cell phone without permission to do so in violation of the Telephone Consumer Protection Act (TCPA).
23. BAC illegally used pre-recorded calls to call Plaintiff’s cell phone without permission to do so in violation of the Telephone Consumer Protection Act (TCPA).
24. The volume and type of calls are harassing as the intent and motive behind them is to harass Plaintiff into paying BAC.

SUMMARY

25. All of the above-described collection communications made to Plaintiff by BAC and collection agents of BAC were made in violation of the TCPA and state law.
26. The above-detailed conduct by this BAC of harassing Plaintiff in an effort to collect this debt was also an invasion of Plaintiff’s privacy by an intrusion upon seclusion and resulted in actual damages to the Plaintiff.
27. This series of abusive collection calls by BAC and its agents caused Plaintiff stress and anguish as a result of these abusive calls.
28. BAC’s repeated attempts to collect this debt from Plaintiff and refusal to stop violating the law was an invasion of Plaintiff’s privacy and Plaintiff’s right to be left alone.
29. Plaintiff has suffered actual damages as a result of these illegal collection communications by this BAC in the form of anger, anxiety, emotional distress, fear, frustration, upset, humiliation, embarrassment, amongst other negative emotions, as well as suffering from unjustified and abusive invasions of personal privacy.

NEGLIGENT AND WANTON HIRING AND SUPERVISION

30. BAC negligently and/or wantonly hired, retained, or supervised incompetent collectors and is thereby responsible to the Plaintiff for the wrongs committed against Plaintiff and the damages suffered by Plaintiff.

CAUSES OF ACTION

COUNT I.
VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT (TCPA)
(47 U.S.C. § 227)

31. Plaintiff incorporates by reference all of the paragraphs of this Complaint as though fully stated herein.
32. BAC has repeatedly violated the TCPA by the calls made to Plaintiff’s cell phone, specifically the numerous calls by illegal automatic dialers, predictive dialers, and/or pre-recorded messages that have been unleashed against Plaintiff by BAC.
33. There is no exception or justification for the numerous violations of the TCPA by BAC as Plaintiff has not consented to the BAC to use these against Plaintiff’s cell phone.
34. Each call is a separate violation and entitles Plaintiff to statutory damages against BAC in the amount of at least $500.00 per call and Plaintiff requests that since the violations were made intentionally or recklessly that the violations be assessed a statutory damage of $1,500.00 per call. 47 U.S.C. § 227(b)(3).
35. All actions taken by BAC were taken with malice, were done willfully, recklessly and/or were done with either the desire to harm Plaintiff and/or with the knowledge that its actions would very likely harm Plaintiff and/or that its actions were taken in violation of the TCPA and/or that knew or should have known that its actions were in reckless disregard of the TCPA.
36. All of the violations of the TCPA proximately caused the injuries and damages set forth in this Complaint.

COUNT II.
INVASION OF PRIVACY BY INTRUSION UPON SECLUSION

37. Plaintiff incorporates by reference all of the paragraphs of this Complaint as though fully stated herein.
38. Alabama law recognizes Plaintiff’s right to be free from invasions of privacy and BAC violated Alabama state law as described in this Complaint.
39. BAC and/or its agents intentionally, recklessly, and/or negligently interfered, physically or otherwise, with the solitude, seclusion and or private concerns or affairs of the Plaintiff, namely, by repeatedly and unlawfully attempting to collect a debt and thereby invaded Plaintiff’s privacy.
40. BAC and its agents intentionally, recklessly, and/or negligently caused emotional harm to Plaintiff by engaging in highly offensive conduct in the course of collecting this debt, thereby invading and intruding upon Plaintiff’s right to privacy.
41. Plaintiff had a reasonable expectation of privacy in Plaintiff’s solitude, seclusion, private concerns or affairs, and private financial information.
42. The conduct of this BAC and its agents, in engaging in the above-described illegal collection conduct against Plaintiff, resulted in multiple intrusions and invasions of privacy by this BAC which occurred in a way that would be highly offensive to a reasonable person in that position.
43. As a result of such intrusions and invasions of privacy, Plaintiff is entitled to actual damages in an amount to be determined at trial from BAC.
44. All acts of BAC and its agents and/or employees were committed with malice, intent, wantonness, and/or recklessness and as such BAC is subject to punitive damages.

COUNT III.
NEGLIGENT, WANTON, AND/OR INTENTIONAL HIRING AND
SUPERVISION OF INCOMPETENT DEBT COLLECTORS

45. Plaintiff incorporates by reference all of the paragraphs of this Complaint as though fully stated herein.
46. BAC negligently, wantonly, and/or intentionally hired, retained, or supervised incompetent debt collectors, who were allowed or encouraged to violate the law as was done to Plaintiff, and is thereby responsible to the Plaintiff for the wrongs committed against Plaintiff and the damages suffered by Plaintiff.

COUNT IV
NEGLIGENT, WANTON, AND INTENTIONAL CONDUCT

47. All paragraphs of this Complaint are expressly adopted and incorporated herein as if fully set forth herein.
48. BAC acted with negligence, malice, wantonness, recklessness, and/or intentional conduct in its dealings with and about Plaintiff as set forth in this Complaint.
49. BAC violated all of the duties BAC had and such violations were made intentionally, willfully, recklessly, maliciously, wantonly, and negligently.
50. It was foreseeable, and BAC did in fact foresee it, the actions of the BAC would lead and did lead to the exact type of harm suffered by Plaintiff.
51. BAC acted with negligence, malice, wantonness, recklessness, and/or intentional conduct in its dealings with and about Plaintiff as set forth in this Complaint.
52. BAC invaded the privacy of Plaintiff as set forth in Alabama law.
53. Such negligence, malice, wantonness, recklessness, willfulness, and/or intentional conduct proximately caused the damages set forth in this complaint.
54. As a result of this conduct, action, and inaction of BAC, Plaintiff has suffered damage as set forth in this Complaint.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that judgment be entered against BAC:

COUNT I.
TCPA

• for an award of actual damages from BAC for the all damages including emotional distress suffered as a result of the intentional, reckless, and/or negligent TCPA violations in an amount to be determined at trial for Plaintiff;
• statutory damages of $500.00 or $1,500.00 per call; and
• for such other and further relief as may be just and proper.

COUNT II.
INVASION OF PRIVACY BY INTRUSION UPON SECLUSION

• for an award of actual damages from BACs for all damages including emotional distress suffered as a result of the intentional, reckless, and/or negligent TCPA violations and intentional, reckless, and/or negligent state law violations in an amount to be determined at trial for Plaintiff;
• punitive damage; and
• for such other and further relief as may be just and proper.

COUNT III.
NEGLIGENT, WANTON, AND/OR INTENTIONAL HIRING AND
SUPERVISION OF INCOMPETENT COLLECTORS

• for an award of actual damages from BACs for all damages including emotional distress suffered as a result of the intentional, reckless, and/or negligent TCPA violations, intentional, reckless, and/or negligent hiring and supervision of incompetent debt collectors intentional, reckless, and/or negligent violations of state law in an amount to be determined at trial for Plaintiff;
• punitive damage; and
• for such other and further relief as may be just and proper.

COUNT IV.
NEGLIGENT, WANTON, AND INTENTIONAL CONDUCT

• for an award of actual damages from BAC for the all damages including emotional distress suffered as a result of the intentional, reckless, and/or negligent violations of state law in an amount to be determined at trial for Plaintiff;
• punitive damages; and
• for such other and further relief as may be just and proper.
Respectfully Submitted,

/s/ John G. Watts
John G. Watts (WAT056)
Attorney for Plaintiff

OF COUNSEL:
Watts Law Group, PC
The Kress Building
301 19th Street North
Birmingham, Alabama 35203
(205) 879-2447
(888) 522-7167 facsimile
john@wattslawgroup.com

/s/ M. Stan Herring
M. Stan Herring (HER037)
Attorney for Plaintiff

OF COUNSEL:
M. Stan Herring, P.C.
The Kress Building
301 19th Street North
Birmingham, Alabama 35203
(205) 714-4443
(888) 522-7167 facsimile
msh@mstanherringlaw.com


PLAINTIFF DEMANDS A TRIAL BY JURY IN THIS CAUSE.

/s/ John G. Watts
Attorney for Plaintiff

Serve BAC via certified mail at the following address:

BAC Home Loans Servicing, LP.
c/o CT Corporation System
1200 South Pine Island Road
Plantation, Florida 33324