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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.
One of the issues that collection operations have with communicating via text messaging is the length of the messages that sometimes need to be sent. Texts can’t be verbose — every character counts. Sometimes this means making tough choices. One collector is being sued for a choice it made in a text and for not honoring a cease-and-desist request from an individual whose medical debts were incurred as a result of being attacked on a Chicago subway.
The Background: The plaintiff was attached by seven individuals on a subway in 2022 and sustained injuries that required treatment at a local hospital. The plaintiff filed a claim with the state’s Crime Victims Compensation Program and was approved to have his medical bills covered. The hospital nonetheless placed the account for collections with the defendant.
- The defendant sent the plaintiff a text that informed him the defendant was a debt collector for the hospital, included a link to pay and said “STOP to stop.” The plaintiff said in his complaint he was confused what “STOP to stop” meant and that is a violation of the Fair Debt Collection Practices Act.
- The plaintiff also said that he emailed a notice from the state Crime Victims Compensation Program to the defendant and asked that the defendant cease all collection activities. The defendant allegedly placed calls to the defendant after the email was sent.
The Claims: The suit accuses the defendant of violating Section 1692c(c) of the FDCPA by communicating with the plaintiff after receiving written instructions to cease communications. It also accuses the defendant of violating Section 1692d, 1692e, and 1692f of the FDCPA for using unfair, misleading, and deceptive means to attempt to collect on a debt. The defendant is also accused of violating the Illinois Consumer Fraud and Deceptive Business Practices Act.
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