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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 and Rosenthal Fair Debt Collection Practices Act lawsuit for allegedly attempting to contact an individual in an attempt to collect on a debt who was represented by an attorney and the collector was supposed to know this because the individual had previously sued the collector three years ago over the exact same debt.
The Background: The plaintiff claims the defendant violated the FDCPA and RFDCPA by placing a phone call to the plaintiff on at least one occasion at 5:13am.
- The plaintiff also claims to have previously filed a lawsuit against the defendant back in March 2021, alleging the defendant violated the FDCPA in its attempts to collect the same two medical debts the defendant is currently attempting to collect.
- At the conclusion of the previous case, the file likely would have been returned to the original creditor, and it was likely re-assigned back to the defendant at some point last year, according to the complaint. The defendant began contacting the plaintiff again to collect on the debt, when it should have known from its previous interactions that the plaintiff was represented by an attorney, according to the complaint.
The Claim: The suit accuses the defendant of violating Section 1692c(b) by communicating with the consumer, even though he was represented by an attorney. It also accuses the defendant of violation Sections 1692d, 1692d(5), 1692e(10), 1692f, and 1692c(a)(1) by placing a call to the plaintiff before 8:00am.
- The complaint also accuses the defendant of violating the RFDCPA.
