Our foreclosure lawyers sue banks for debt collection violations. We filed
a lawsuit against Wells Fargo for attempting to collect the mortgage debt
directly from our client by calling him after the bank had knowledge that
we represented him. Not only that, but we specifically revoked any authorization
for Wells Fargo to contact our client on his cell phone. Wells Fargo called
anyway. They violated the Florida Consumer Collection Practices Act by
calling in the first place and they violated the Telephone Consumer Protection
Act by placing a robo-call to the cell phone. So, like we do to any bank
that violates our clients' consumer protection rights, we filed suit
against Well Fargo.
My hat's off to Well Fargo on this one. They filed a Motion to Dismiss
alleging that the National Banking Act pre-empts the state FCCPA claim.
They argued that because the federal government regulated banking through
the National Banking Act that that pre-empts, or supersedes, any state
claim relating to banking, including collecting past due mortgage payments.
It was a very creative argument. If Wells Fargo was correct, it would
eliminate a homeowner's ability to sue in state court for debt collection
violations. This would have huge implications nationwide. However, the
federal judge ruled that the while National Banking Act regulates banking,
it does not pre-empt state debt collection laws.
As a side note, the court dismissed the TCPA claim because the court ruled
we need to allege that the calls were made electronically. So, we have
already amended the complaint to include that allegation.
As I have said time and time again, lawsuits against the banks are key.
They violate consumers' right every single day. They have no problem
suing homeowners for foreclosure, and more homeowners and foreclosure
lawyers need to fight back. We offer free consultations in Broward, Miami-Dade,
and Palm Beach with our foreclosure and consumer protection attorneys.