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DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise.
For all the new and novel theories that are being tested with respect to lawsuits against companies in the accounts receivable management industry, there are no shortage of suit alleging that defendants are not doing the everyday things that they are supposed to do, like stop communicating with plaintiffs after receiving a cease-and-desist letter. A class-action complaint has been filed in Texas accusing a defendant of sending three collection letters — one letter each for three separate debts — a month after allegedly receiving a letter from the plaintiff that disputed the debt and requested verification of the debt, and only asked to be communicated with other than the response to the verification request.
A copy of the complaint, filed in the District Court for the Eastern District of Texas, can be accessed using case number 23-cv-00068 or by clicking here.
The plaintiff allegedly sent the letter to the defendant last November. About a month later, the plaintiff received three separate communications — one for each debt — in which the defendant stated that it was considering sending the accounts to an attorney for possible litigation, requesting the plaintiff respond to the letter, and indicating that failing to respond could result in the account being forwarded to an attorney.
The complaint alleges the defendant violated Sections 1692c(c), 1692d, and 1692f of the Fair Debt Collection Practices Act. The complaint seeks to include anyone else in Texas who received a communication after sending the defendant a written communication requesting that the defendant cease and desist from further communications.
