Law Firm Investigator Denied Bank of America Robocall Class Action

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A New Jersey federal judge has dismissed a class action lawsuit over unsolicited, prerecorded telemarketing calls from Bank of America.

A March 2005 telemarketing phone call from Bank of America prompted the suit.

Investigator and Plaintiff in the case (Leyse v. Bank of America NA), Mark Leyse, was working for attorney Todd C. Bank when he called companies to find out more about the nature and frequency of their telemarketing calls. Leyse made these calls while disguising his identity, withholding their true purpose and recording them.

U.S. District Judge, Susan D. Wigenson, ruled that Leyse wasn’t harmed because he actually was welcoming the calls as a paid investigator for a law firm specializing in robocall lawsuits.

“Leyse had no standing under Article III of the U.S. Constitution to sue the financial giant because he never asserted nor showed evidence that he suffered ‘nuisance, annoyance, inconvenience, wasted time, invasion of privacy, or any other such injury,’ the decision said.
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“‘Nor could he, because the record evidence clearly shows that he welcomed such calls in his role as a paid investigator aiding his counsel in the preparation of TCPA lawsuits,’ Judge Wigenson wrote, referring to the federal Telephone Consumer Protection Act.
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SOURCE: Mark Leyse v. Bank of America NA, case number 2:11-cv-07128, in U.S. District Court for the District of New Jersey.