A District Court judge in Nevada has certified a Fair Debt Collection Practices Act class action against a defendant that was accused of leaving a voicemail message as an initial communication that did not include the required disclosures, but instead relied on a letter that was usually sent the next day to do so.
A copy of the ruling in the case of La Caria v. Northstar Location Services can be accessed by clicking here.
The plaintiff received a voicemail from the defendant. The content of the voicemail was, “Yes, very important message from Northstar Location Services. This is a call from a professional debt collector, please call back at [phone number]. Thank you.” The next day, the defendant’s letter vendor mailed a collection letter to the plaintiff, but it was dated the day the voicemail was left. The plaintiff filed suit, alleging the actions violated Sections 1692e(10) and 1692e(11) of the FDCPA, which prohibit the use of false or misleading means to attempt to collect on a debt and failing to disclose in the initial oral communication that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.
A class of 197 individuals received such communications from the defendant, according to the plaintiff, who sought to include a class of
- All Nevada residents to whom NLS sent a letter in the form of Exhibit 1 attached to the Complaint
- Which was not returned as undeliverable
- In an attempt to collect a debt incurred for personal, family, or household purposes as shown by Defendants or the creditors’ records
- Who [were] left a voicemail message from NLS on the same day that Exhibit 1 was dated
- And were not notified during the call that “the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose”
- During the one year prior to the filing of this lawsuit
