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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.
File this complaint under “it doesn’t take much to get sued” and “if this happens again, I’m going to be harmed so more.” A plaintiff has filed suit in Florida federal court, accusing a collector of violating the Fair Debt Collection Practices Act because it made two calls to the plaintiff seeking to speak with someone else.
The Background: Last August, the plaintiff received a call from the defendant, seeking to communicate with a third party who had a name the plaintiff did not recognize. Without knowing the exact nature of the call, but believing it to be a collection call, the plaintiff informed the defendant that it had the wrong number.
- The plaintiff also requested for the defendant to stop calling her cell phone.
- On an unknown date, the plaintiff received another call from the defendant, and this time the defendant knew the FDCPA and the Telephone Consumer Protection Act prohibited it from communicating with the plaintiff on her cell phone, according to the complaint. Not only that, but if the “defendant continues to communicate directly with Plaintiff, Plaintiff will be harmed in the future,” the complaint notes.
The Complaint: The complaint accuses the defendant of violating Section 1692f of the FDCPA by communicating directly with the plaintiff in an attempt to collect the debt of another person.
- The complaint also accuses the defendant of violating Florida state law for the same allegedly illegal activity.
- The defendant is also accused of violating the TCPA by making non-emergency phone calls to the plaintiff’s cell phone using an automatic telephone dialing system or prerecorded or artificial voice.
