Collection Calls from Bank of America

A Deltona Florida woman had a mortgage with Bank of America and, like many today, needed to modify her mortgage. So, she hired a lawyer a requested a loan modification from Bank of America.

In the process of the modification process, the consumer's attorney sent a letter to Bank of America and formally asked them not to contact her for any reason regarding her mortgage. This type of notification is normal and both state and federal law prohibit a debt collector from contacting the consumer after receiving such letter. Bank of America ignored the letter and continued to contact the consumer.

So, the consumer retained additional counsel who specializes in fair debt collection practices. The new debt lawyer contacted the legal department of Bank of America and requested that the cease all collection calls to the consumer in accordance with state and federal law. Bank of America continued to make collection calls to the consumer. In frustration, the consumer, through her expert debt lawyer sued Bank of America requesting that they stop making collection calls in accordance with the law. Bank of America continued to call the consumer. Then, finally, the case was settled. Bank of America presented the consumer with a lengthy settlement agreement containing a confidentiality agreement. The consumer reluctantly agreed and her debt lawyer agreed to the essential terms of the settlement agreement. However, Bank of America legal department had to have final approval of the settlement agreement. Well, that approval process must have gone to the same department that approves loan modifications. The settlement was never approved, the consumer never received her settlement funds and, her loan modification has still not been approved. Is that the end of the story? No, the consumer is still receiving collection calls from Bank of America.

In most debt harassment cases, Bank of America is exempt from the Fair Debt Collection Practices Act because they are attempting to collect their own debts - a specific exemption in the law. However, they are not exempt under the Florida Fair Debt Collection Practices Act as that law applies to "any person."