Bank of America Corporation
Bank of America Corporation (Bank of America) provides banking and financial services to approximately 67 million consumers and small businesses. These services include personal banking, debit and credit cards, residential mortgages, auto loans, and other personal loans. Bank of America was founded in 1874 and is based in Charlotte, North Carolina. According to its website, Bank of America's mission is grounded in its culture and its culture is rooted in integrity.
Despite its claims of integrity, Bank of America has received numerous consumer complaints. The Better Business Bureau has received 5,890 complaints against Bank of America in the last three (3) years. Of those 5,890 complaints, 1,621 complaints dealt with Bank of America's billing and debt collection practices. The most common complaints leveled against Bank of America include:
- Harassing consumers by repeatedly and continuously calling;
- Attempting to collect a debt that is not owed by the consumer;
- Threatening legal action if payments are not made; and
- Making false or misleading statements.
A complaint was filed with the Consumer Financial Protection Bureau (CFPB) against Bank of America for repeatedly and continuously harassing a consumer's spouse. The CFPB is a Government agency charged with protecting consumers from unfair, deceptive or abusive debt collection practices. The complaint stated that Bank of America repeatedly contacted the consumer's spouse with the intention of harassing the spouse to make a partial payment on a time-barred debt. The debt was five (5) years old.
The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA) prevent creditors and debt collectors from filing lawsuits against old debt. Debt collectors only have a certain number of years to file a lawsuit to collect on a debt. This is referred to as the statute of limitations. In California, there is a four (4) year statue of limitation for filing a lawsuit to collect a debt. Debts that are beyond the statute of limitations are considered “time-barred.” In some situations, a partial payment on a time-barred debt will actually restart the clock on the statute of limitations.
Bank of America's actions clearly violated both federal and state consumer protection laws. Thus, Bank of America settled the complaint and provided monetary relief to the consumer.
Creditors and debt collectors should be held accountable for these unethical and unlawful practices. If you are being harassed or subjected to any of these, deceptive, or abusive debt collection practices, it is time to hold Bank of America accountable. Please contact our office for a free, no obligation consultation at 1-800-219-3577.