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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.
Can a consumer legally dictate to a collection agency what information it wants to receive when he or she files a dispute? And Regulation F gave consumers the power to opt out of receiving communications in certain channels, but did it give consumers the power to choose which channels a collector has to use to communicate with him or her? One plaintiff thinks she can and it does and has filed a lawsuit to prove she is correct.
The Background: The suit, which was originally filed in Alabama state court and then subsequently removed to federal court by the defendant, said the plaintiff sent the defendant a letter this past July. The letter stated that only receiving communications via email and text message were convenient and any other communication channel was inconvenient. The plaintiff provided her cell phone number and her email address to make it easier for the defendant to communicate with her going forward via those channels.
What Happened Next: The defendant allegedly sent the plaintiff a letter which claimed that the plaintiff had requested documentation about the accuracy of its records regarding the account in question. But, the letter from the plaintiff allegedly did no such thing. In fact, according to the complaint, the letter from the plaintiff included the following passage:
- “Please note I do NOT want you to send me any information – I simply want you to know that I dispute any debts you claim to have on me. This is not a request for validation or verification. I am not interested in you sending me any documentation. I’m trying to be clear – do not send me any documentation through the mail as receiving mail from you is inconvenient to me.”
The Claims: The suit accuses the defendant of violating Sections 1692c, 1692c(a), 1692c(a)(1), 1692d, 1692e, 1692e(10), 1692f, and 1692f(1) of the Fair Debt Collection Practices Act.
