Class Action: Bank of America Breached FDCPA with Collection Letters

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A class action filed in Wisconsin claims Bank of America failed to include mandatory debt validation notices as required by the Fair Debt Collection Practices Act (FDCPA) in its communications with debtors. According to the complaint, in addition to failing to include debt validation language, Bank of America allegedly falsely implied in a separate communication with the plaintiff that a foreclosure action had been filed against her when the bank had not actually done so. This false foreclosure action notice, the lawsuit says, amounts to an intimidation tactic since it could have implied to the unsophisticated consumer that she had only a short amount of time to leave the property. In fact, if a true foreclosure action had been filed, the case continues, the plaintiff would have had between nine and 15 months to remain at the home.

The lawsuit covers two proposed classes:

• Class 1: Anyone in Wisconsin who received a debt collection letter from Bank of America that did not contain debt validation language between November 14, 2015 and the present
• Class 2: Anyone in Wisconsin who received a debt collection letter from Bank of America between November 14, 2015 and the present that mentioned foreclosure action had been taken against them when in fact no foreclosure action was truly pending