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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.
A collector is facing a Fair Debt Collection Practices Act class-action lawsuit in a Pennsylvania district court because it allegedly sent an email to the plaintiff after 9pm.
A copy of the complaint can be accessed by using case number 23-cv-00089 or by clicking here.
The complaint alleges that the collection email in question was sent to the defendant at 10:13pm on a Saturday and “was one of many emails” that the defendant sent to the plaintiff attempting to collect on the debt in question.
The “improper” email caused the plaintiff to suffer emotional distress, including anger, restlessness, and an increased heartrate, according to the complaint. The plaintiff was also annoyed and wasted his time, while also having to expend time, money, and effort in determining the proper course of action. “He spent this trying to determine how to stop the Defendant from further intruding upon his seclusion at unreasonable and inconvenient times in the evenings and on weekends,” according to the complaint.
The complaint accuses the defendant of violating Sections 1692c(a)(1), 1692d, and 1692f of the FDCPA. The suit seeks to include anyone who received similar communications from the defendant after 9pm and/or on a weekend.
