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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 plaintiff has filed a lawsuit against a debt collector for allegedly violating the Fair Debt Collection Practices Act because the plaintiff mailed a refusal-to-pay letter to the defendant after he received a collection letter from an attorney’s office attempting to collect on a debt on behalf of the defendant.
A copy of the complaint, filed in the District Court for the District of Rhode Island, can be accessed using case number 23-cv-00248 or by clicking here.
According to the complaint, the plaintiff incurred a debt to Capital One, which may have become past due. On November 23, 2022, the plaintiff received a collection letter from a collection law firm attempting to collect on the debt on behalf of the defendant. The plaintiff mailed a letter back to the defendant stating that he was refusing to pay the debt. Then, on December 8, the plaintiff received another collection letter, this time from the defendant, attempting to collect on the subject debt.
The complaint accuses the defendant of violating Section 1692c(c) of the FDCPA by communicating with a consumer in connection with the collection of a debt after receiving written notice from the consumer that the consumer refuses to pay a debt or wishes the collector to cease further communication with the consumer.
