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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.
How much time do collectors have to honor cease requests from consumers who no longer wish to receive text messages? One Fair Debt Collection Practices Act lawsuit is attempting to set the bar at less than 24 hours.
The Background: The plaintiff allegedly started receiving text messages from the defendant on August 7, 2023. The texts were sent to the plaintiff’s mobile phone and allegedly came from a number that belongs to the defendant.
- On August 21, 2023, the defendant sent a text message to the plaintiff seeking to collect on the debt and included a note that the plaintiff could opt out of receiving messages by replying “STOP”. The plaintiff replied to the message with “STOP” on the same day she received the text.
- After sending the message, the plaintiff received another message from the defendant, saying, “You have successfully unsubscribed and will longer receive test msgs.”
- But the very next day, the defendant sent another text to the plaintiff attempting to collect on the unpaid debt.
- The complaint also seeks to include the owner of the collection operation and names him as a defendant as well, because he allegedly controlled the daily operations of the company.
The Claims: The suit accuses the defendant of violating Sections 1692d, 1692d(5), 1692e, and 1692e(11) of the FDCPA and Section 1006.6(d)(5) of Regulation F by sending text messages after the plaintiff had opted out of receiving them.
- The complaint also accuses the defendant of violating the Mississippi Regulation of Business for Consumer Protection by committing unfair or deceptive acts or practices, even though the case was filed in the District Court for the Western District of New York.
- The text messages in question purportedly did not include a disclosure that the messages were an attempt to collect on a dent.
