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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 Texas for allegedly sending a collection email to the plaintiff and 26 other individuals, including the plaintiff’s friends, family, and coworkers that included the statement, “one way or another you will be forced to deal with this.”
The Background: The subject line of the email read, “eCommissions vs. Dylan Burgess ** PAST
DUE File 213020-23-TX” and gave the plaintiff three days to make a payment or the defendant would recommend to its client “to pursue this to the full extent of the laws in your state.”
- The complaint alleges that this was the first communication the plaintiff had received about the debt from the defendant.
- One of the defendant’s friends, who was also sent the email, forwarded it to the plaintiff and inquired why he was receiving it and what was going on.
- The letter also alleged that the defendant was affiliated with the County Clerk’s office, according to the complaint.
- The complaint also alleges that the use of the term “v.” in the subject line and the inclusion of a file number references a plaintiff and a defendant and implies that the matter is proceeding through legal channels.
The Claims: The suit seeks to represent a class that includes anyone who received a similar communication from the defendant that was also sent to a third party and contained prohibited misrepresentations or failed to include the proper disclosures.
- The suit accuses the defendant of violating Section 1692c, 1692e, and 1692g of the FDCPA.
