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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 collection operation is facing a Fair Debt Collection Practices Act suit in Minnesota for sending eight text messages to the plaintiff after allegedly being notified twice by the plaintiff’s attorney that the plaintiff had filed for bankruptcy protection.
The Background: On Sept. 1, 2023, the plaintiff filed for Chapter 7 bankruptcy protection and included the defendant as an unsecured creditor. The Bankruptcy Court would have mailed a notice to the defendant, notifying it of the filing.
- On October 18, the plaintiff’s attorney sent a letter to the defendant and informed it that it was attempting to collect on a debt that had been included in a bankruptcy filing and that collection efforts needed to cease.
- The defendant allegedly sent text messages to the plaintiff on October 17, 24, and 31 attempting to collect on the debts.
- On November 1, the plaintiff’s attorney sent another letter to the defendant, again allegedly notifying it that it was attempting to collect on a debt that had been included in a bankruptcy filing.
- The defendant allegedly sent more text messages to the plaintiff, on November 7, 14, 21, and 28.
The Claim: The suit accuses the defendant of violating Sections 1692c(a)(2), 1692d, 1692e, 1692e(5), and 1692f of the FDCPA.
- The suit also accuses the defendant of violating the bankruptcy discharge injunction and invading the plaintiff’s privacy by harassing the plaintiff into paying a debt that was included in a bankruptcy petition.
- The plaintiff suffered emotional distress, fear, anxiety, and loss of sleep as a result of the defendant’s actions, according to the complaint.
