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  1. #1
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    Couple awarded $1 million from 'unrelenting' Bank of America

    A Florida couple receiving “unrelenting” phone calls from Bank of America was awarded more than $1 million from a federal judge.

    Nelson and Joyce Coniglio received 700 collection calls from the bank over a four year period, the New York Post reports.








    http://www.foxnews.com/us/2014/12/13...cmp=latestnews

    Okie Dokie!
    Unless I provide a link, every one of my posts are to be considered rumor, Speculation, or simply MY OWN OPINION.

    “It is better to remain silent at the risk of being thought a fool, than to talk and remove all doubt of it.”


    The missing and murdered cannot cry out for Justice. It is the duty for the living to do so for them.

    I stand with Standing Rock!

    We spoke, prayers were answered!

    http://abcnews.go.com/US/army-grant-...ry?id=43969890

  2. #2
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    Wow. Imagine not paying your mortgage and the bank dares to call you about your non-payment. Easy peasy. Just sue the bank for calling and all your troubles go away.

    Why couldn't these people have used some of the drug money Nelson made in 1999? That should have paid off their mortgage.
    Last edited by XXXXXXXX; 12-13-2014 at 08:09 PM. Reason: To add more info

  3. #3
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    Quote Originally Posted by DeeDeah View Post
    Wow. Imagine not paying your mortgage and the bank dares to call you about your non-payment. Easy peasy. Just sue the bank for calling and all your troubles go away.

    Why couldn't these people have used some of the drug money Nelson made in 1999? That should have paid off their mortgage.
    I think you've missed the whole point of the judgment. BOA violated the law by relentlessly calling. We aren't talking 1 or 2 calls a day, a robo-caller will call all day until 9 pm when the law says they must stop, and it's entirely possible that BOA could be calling past that time also. BOA was also using subcontractor collectors who would threaten jail and use racial epithets in their collections practice.

    This is a law designed to protect everyone (including you) from debt collectors being able to harass, call in the middle of the night, discuss alleged debts (and I say alleged because many collectors now will try to collect on debts that are past statute of limitations or debts that don't belong to the people answering the phone).

    I have little to no sympathy for rogue debt collectors. Most operate within the law, some don't. I still have people calling regarding debts my mother had; she died of Alzheimer's, destitute, no estate and I've had them threaten to garnish my wages (not possible, I'm not responsible for her debt).
    All posts from me are MY OPINION ONLY

  4. #4
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    Quote Originally Posted by DeeDeah View Post
    Wow. Imagine not paying your mortgage and the bank dares to call you about your non-payment. Easy peasy. Just sue the bank for calling and all your troubles go away.

    Why couldn't these people have used some of the drug money Nelson made in 1999? That should have paid off their mortgage.
    The point is, if you can afford to eat out? Why not pay your mortgage?
    Unless I provide a link, every one of my posts are to be considered rumor, Speculation, or simply MY OWN OPINION.

    “It is better to remain silent at the risk of being thought a fool, than to talk and remove all doubt of it.”


    The missing and murdered cannot cry out for Justice. It is the duty for the living to do so for them.

    I stand with Standing Rock!

    We spoke, prayers were answered!

    http://abcnews.go.com/US/army-grant-...ry?id=43969890

  5. #5
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    I'm just glad someone got something from one of these Telemarketers . I got a laugh out of it.
    Unless I provide a link, every one of my posts are to be considered rumor, Speculation, or simply MY OWN OPINION.

    “It is better to remain silent at the risk of being thought a fool, than to talk and remove all doubt of it.”


    The missing and murdered cannot cry out for Justice. It is the duty for the living to do so for them.

    I stand with Standing Rock!

    We spoke, prayers were answered!

    http://abcnews.go.com/US/army-grant-...ry?id=43969890

  6. #6
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    Wow , I get phone calls for a dead guy over and over all day long , I dont even answer my house phone because of it. I tell them stop calling and he is dead but still they call.

    Is that worth a million?

  7. #7
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    Quote Originally Posted by michmi View Post
    ... BOA violated the law by relentlessly calling. We aren't talking 1 or 2 calls a day, a robo-caller will call all day until 9 pm when the law says they must stop, and it's entirely possible that BOA could be calling past that time also. BOA was also using subcontractor collectors who would threaten jail and use racial epithets in their collections practice.

    This is a law designed to protect everyone... from debt collectors being able to harass, call in the middle of the night, discuss alleged debts (and I say alleged because many collectors now will try to collect on debts that are past statute of limitations or debts that don't belong to the people answering the phone).

    I have little to no sympathy for rogue debt collectors. Most operate within the law, some don't. I still have people calling regarding
    debts my mother had; she died of Alzheimer's, destitute, no estate and I've had them threaten to garnish my wages (not possible, I'm not responsible for her deb).
    . sbm bbm


    bbm1

    Respectfully, maybe 'only' 1-2 calls daily, for them, less on average, despite ".... received hundreds of robocalls, sometimes five a day."

    ... 700 collection calls .... a four year period...http://www.foxnews.com/us/2014/12/13...cmp=latestnews
    365 days/yr x 4 yrs = 1265 days, w ~700 calls in that period = 1 call ~every 2 days on average.
    Call-frequency may tend to accelerate, as time passes, and esp as ppl fail to or refuse to answer calls.

    Story says nothing about
    --couple disputing the debt/mortgage.
    --after-lawful hrs calls, but they may have occurred.
    ---couple saying that BoA reps made inappropriate or unlawful stmts.
    Obviously we're not getting all the info.

    bbm2
    Sorry for your experience w the debt collectors who were/are Very Bad Dogs.
    Seems you are as deserving as above FL couple who got judgment against BoA.

    JM2cts.

  8. #8
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    Quote Originally Posted by Soulmagent View Post
    Wow , I get phone calls for a dead guy over and over all day long , I dont even answer my house phone because of it. I tell them stop calling and he is dead but still they call.

    Is that worth a million?
    Absolutely! Go for it!
    Unless I provide a link, every one of my posts are to be considered rumor, Speculation, or simply MY OWN OPINION.

    “It is better to remain silent at the risk of being thought a fool, than to talk and remove all doubt of it.”


    The missing and murdered cannot cry out for Justice. It is the duty for the living to do so for them.

    I stand with Standing Rock!

    We spoke, prayers were answered!

    http://abcnews.go.com/US/army-grant-...ry?id=43969890

  9. #9
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    Quote Originally Posted by Tulessa View Post
    .... received 700 collection calls from the bank over a four year period,....
    http://www.foxnews.com/us/2014/12/13/couple-awarded-1-million-from-unrelenting-bank-america/?intcmp=latestnews
    bbm sbm
    Also from link: "The two sued under the Telephone Consumer Protection Act and was awarded the large sum.
    The damages were tripled from the bank’s $500 per call
    ." bbm

    I'm confused about nature of nature of the lawsuit or maybe the calls. Collection calls, per article re lawsuit.

    TCPA applies to telemarketing calls:
    "....1991 in response to consumer concerns about the growing number of unsolicited telephone marketing calls
    to their homes and the increasing use of automated and prerecorded messages...
    "A telephone solicitation is a telephone call that acts as an advertisement. The term does not include calls or messages placed with your express prior permission, by or on behalf of a tax-exempt non-profit organization, or from a person or organization with which you have an established business relationship (EBR). An EBR exists if you have made an inquiry, application, purchase or transaction regarding products or services offered by the person or entity involved. Generally, you may put an end to that relationship by telling the person or entity not to place any more solicitation calls to your home." bbm sbm ^ http://www.fcc.gov/guides/unwanted-t...arketing-calls ^

    Is it poss lawsuit was actually based on BoA's violations of different statute? Fair Debt Collection Practices Act (FDCPA)? IDK
    http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act.

    Maybe the newspaper got it wrong?

    JM2cts.

  10. #10
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    I don't particularly sympathize with these people because it sounds like they are shysters who try to get out of paying what they owe and then try to get their victims to pay them instead. On the other hand, it's hard to sympathize with BOA. At times, I'm bombarded with collection calls when I don't even owe anyone money. When I have answered some of these calls, they are looking for someone with a similar name who lives in a different state and has a different DOB. As my fellow sleuthers know, it's not that difficult to check all of that information before harassing someone. I've read of people who don't owe anything, but send a partial payment to stop the harassment. Of course, doing so doesn't put a stop to it because sending a payment in any amount is the same as admitting it's your debt.

    I briefly worked at a financial institution that supplied loans. I was appalled at some of the telephone conversations by people who were supposedly professionals. They screamed and cursed at customers who were behind on payments. No wonder people wouldn't want to talk to them over the telephone! I wondered why they didn't just take customers to court if they tried to default on their loans. Why go on a tirade?
    "Some circumstantial evidence is very strong, as when you find a trout in the milk."
    - Henry David Thoreau


  11. #11
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    Quote Originally Posted by michmi View Post
    I think you've missed the whole point of the judgment. BOA violated the law by relentlessly calling.
    No. I didn't miss the point. It seems the majority of those initial calls was BOA trying to HELP those people avoid foreclosure. They chose to not return those calls, continue to not pay their mortgage, and then sue the bank for calling them.

    Did you read the entire article right until the end? "The Tampa Bay Times said Nelson Coniglio pleaded guilty in 1999 to federal charges for piloting drugs and money to a Tampa ring operating in Columbia."

    Some upstanding citizen. It will never cease to amaze me how people like this can trigger sympathy and get people to defend them despite their actions (or lack thereof).

  12. #12
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    My question is why did this couple not put the BOA telephone number that was repeatedly calling them on the "Do Not Call List"?

    Oh, I know, the crooks know the under-handed lawyers and one suggested this route or else who would have counted the calls?

  13. #13
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    Quote Originally Posted by 1&2&3 View Post
    My question is why did this couple not put the BOA telephone number that was repeatedly calling them on the "Do Not Call List"?

    Oh, I know, the crooks know the under-handed lawyers and one suggested this route or else who would have counted the calls?
    I'm not sure whether you can put a creditor on the Do Not Call List. I've never had that dilemma since I pay my bills.

    But, I wondered the same as you. Who in the blankety-blank keeps track of how MANY times someone calls them unless they're doing it for a reason...like to SUE for a ridiculous charge of "woe is me...I was annoyed and harassed".

    Never mind that I have drug money stashed away but just can't be bothered to pay my mortgage?

    Unbelievable.

  14. #14
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    Quote Originally Posted by 1&2&3 View Post
    My question is why did this couple not put the BOA telephone number that was repeatedly calling them on the "Do Not Call List"? ... who would have counted the calls?
    bbm sbm

    Anyone w a phone w Call-Block feature could have blocked one or multiple BoA phone numbers, to prevent those calls from 'ringing thru.'
    Would not prevent others business from calling the C's to telemarket, under Telephone Consumer Protection Act.

    Anyone can put residential # or personal cell # on federal TCPA registry, so any business should (theoretically) not call that #
    for telemarketing purposes, i.e., to solicit business.
    However, since Mr&MrsC had taken out mortgage w BoA, they had an established business relationship w bank,
    so bank was not prohibited, by TCPA (http://www.fcc.gov/guides/unwanted-t...arketing-calls ^) from calling them. See my post 9.

    As I said above, maybe BoA employees or agents violated different statute? Fair Debt Collection Practices Act (FDCPA)? IDK
    http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act.

    I understand some debt collectors violate FDCPA every day; some ppl deliberately refuse to repay loans, despite ability to do so. Some = deadbeats.
    JM2cts.

    Re counting calls---- phone carrier records would reflect the number of calls, ime, so no need for the C's to keep tally.

  15. #15
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    It's not just debt collectors. My house phone rings 4 or more times per hour, from 8 a.m. to 8 p.m. My mortgage is not only up-to-day, but less than 10% of the value of my home. I have no other major debts.

    Because my credit is decent, telemarketers are calling to sell me stuff, so you get it whether you pay or don't pay your bills.

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