Consumer Claims U.S. Bank Relentlessly Placed Robocalls, Even After Consent was Revoked

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A proposed class action claims U.S. Bank National Association has placed automated calls to consumers’ cell phones, even after they revoked their consent to be contacted.

The plaintiff, a Cook County, Illinois resident and the subject of a foreclosure action filed by the defendant, claims to have continually received calls from U.S. Bank after sending through her attorneys written notice stating she revoked any prior consent she may have given the bank to contact her at any of her phone numbers on record. The lawsuit claims the calls overstepped the Telephone Consumer Protection Act (TCPA), which requires entities to maintain an internal do not call list and prohibits them from calling numbers on the list more than once in a year.

“Courts have held that these type of pre-recorded calls to a cell phone where consent has been revoked and a do not call request has been made violate the TCPA,” the complaint asserts.

According to the case, a foreclosure action was initiated against the plaintiff in March 2020 after the defendant was unwilling to agree to a loan modification. The suit says the plaintiff’s attorneys, on December 15 and again on December 29, faxed U.S. Bank a letter that stated:

Despite the “clear direction” in the letter, U.S. Bank, the suit says, proceeded to “call and harass” the plaintiff after receiving the faxed letter, and left over a dozen pre-recorded messages on her cell phone, the lawsuit alleges. According to the case, the calls, which “continue on an almost daily basis,” identify U.S. Bank as the caller and instruct the plaintiff to call back at 800 365-7900, a number that belongs to U.S. Bank Home Mortgages Collection Loans Cancelling Center. Per the lawsuit, the calls constitute telephone solicitations for mortgage relief services and assistance and debt collection calls.

The case argues that if the defendant contends that the calls were placed for information purposes only, the bank nevertheless lacked consent to contact the plaintiff’s cell phone using automated technology. Further, the plaintiff, regardless of whether consent was initially given, revoked any such authorization with the faxing of the cease and desist letter, the suit contends.

Noted in the case is that U.S. Bank has previously settled class action litigation involving alleged abuses of the TCPA yet “continues to engage in the same conduct.”

The lawsuit looks to cover anyone in the U.S. who, within the last four years, has received calls from U.S. Bank in which it utilized an artificial or pre-recorded voice without providing prior express consent to be contacted, or who requested to be placed on the defendant’s internal do not call list and continued to receive more than one call in a 12-month period starting 30 days after the request.

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