The Robot is Calling. Should you Sue?

Posted By Cliff Tuttle | December 11, 2014

No. 1,119

Image: blogs.lawyers.com

A couple in Tampa Florida received a Christmas present from the U.S. District Court — a million dollar award against Bank of America. It seems that BOA called them and called them and called them, day after day, week after week, month after month, year after year. BOA was trying to get mortgage payments by wearing them down.It didn’t work.

But don’t get too excited about filing a similar suit.  BOA, for some reason, failed to file an answer to the complaint and the Plaintiffs took a default judgment. The court denied the defendant’s petition to open the default and awarded $1,500 per call for multiple calls per day over years.

Don’t get too excited, I say, because if BOA had filed an answer, they probably would have won the case on motions to dismiss. But BOA never was able to present those arguments.

Nevertheless, if you are interested in pursuing such a cause of action, here is a link to Morgan & Morgan, the law firm that handled the Tampa case. Maybe you’ll get lucky, too.

CLT

Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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