TAMPA — On Dec. 8, Florida resident
Jennifer McCambridge filed a complaint with the U.S. District Court
for the Middle District of Florida against Bank of America claiming
harassment and invasion of privacy against the business.
cause of action for McCambridge to file suit was the restrictions of
telephone use, as stated in the case file. According to a previous
story by The Florida Record, McCambridge claims Bank of
America failed to stop calling her.
While McCambridge was a
customer of the bank, she had signed a consent form that allowed the
bank to contact her via her personal cellphone and "any other
form of communication" in regards to collection of any debt she
may have accrued. She "revoked her consent" on Jan. 14,
Although the consent was revoked, she claims the calls
never stopped coming from Bank of America. She is suing for $500 for
each call she received from the bank after she revoked consent in
January 2016, The Florida Record reported.
Florida law, you're supposed to stop calling,” Anthony DiMarco of
the Florida Bankers Association told The Florida Record.
said that it can often be a time lag when customers have revoked
consent with businesses. An example he provided was when customers,
"Walk into an attorney's office at 4:00 and walk out at 4:30 and
the bank calls me." For that type of situation, "they (the
bank or business) has no way of knowing those documents to revoke
consent were signed, or it could be in the queue of being mailed
He said one has to give the business he or she is
revoking a time frame for it to receive the signed and updated
documents and contracts.
"It will depend on what the judge
says and if they settle. A lot of things could happen,” DiMarco
said in regards to the expected verdict of the case.
that each case is different, but that if she does in fact "owe a
debt to the bank she's supposed to pay." He also noted that when
customers "borrow from the bank, we give them somebody else's
deposit," meaning, "My loan is your payment."
loaning the bank money with your deposit,” he said.
initial file of the suit, the court is awaiting Bank of America to
give the court an answer on the motion filed by McCambridge. The bank
has until Jan. 23 to give an answer on the time frame of the calls,
according to www.pacermonitor.com.
As of Jan. 10, no update had been given on the site regarding the
McCambridge is represented by Christopher Boss with the
Florida Boss Law Firm.