Bank of America faces the possibility of paying a Florida husband and wife more than $1 million – after it failed to respond in time to their robocall lawsuit.
In July, Nelson and Joyce Coniglio claimed in a federal civil lawsuit that the Charlotte bank “harassed and abused” them with hundreds of phone calls in an effort to collect on their mortgage debt.
Bank of America disputes the couple’s claims and is seeking to have the judgment in their favor vacated.
The ruling came after the bank missed a deadline to reply to the couple’s lawsuit and defend itself in court. The Coniglios were awarded a so-called default judgment of $1.05 million, plus court costs and attorneys fees.
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A Bank of America spokesman said Friday that the lender plans to appeal a judge’s decision earlier this month that denied the bank’s motion to have the judgment vacated.
The Coniglios contend the phone calls were made using an automated telephone dialing system and continued even after they asked the bank to stop contacting them directly about the debt.
Among other things, the Coniglios claim the bank violated the Telephone Consumer Protection Act of 1991. The act put in place rules to protect consumers from unsolicited telemarketing calls and automated and prerecorded messages.
Bank of America denies that it violated the act. In court filings, the bank also disputes that it made as many calls as the couple claims it did.
In the filing, the bank says it seems the court unintentionally overlooked its call logs.
On Friday, David Mitchell, attorney for the Coniglios, said the judgment is “a monumental victory for consumers across the country.”